Making a Claim Under The Inheritance Act

“Millions of people are excluded from wills every year — but the Inheritance Act 1975 offers a legal route to claim what you’re rightfully owed.”

Are you unsure if you can claim against a deceased loved one’s estate?
Wondering who qualifies to make a claim under the Inheritance Act?
Concerned about deadlines, court procedures, and what financial provision you might receive?

What You’ll Learn

• What the Inheritance Act 1975 is and who can make a claim
• The grounds and legal criteria the court considers when deciding claims
• Step-by-step process to make a claim under the Act
• Important time limits and procedural requirements
• What types of financial provision can the court award
• How to prepare your financial evidence and get expert legal advice

Introduction

The Inheritance Act 1975 plays a vital role in protecting those who have been unfairly excluded from a will or left without reasonable financial provision following the death of a loved one. Unlike many countries, the UK does not have forced heirship laws, meaning individuals can generally distribute their estate as they wish. However, the Act provides a legal safeguard, allowing certain family members and dependents to make a claim if they believe the will or intestacy rules have failed to provide adequately for them.

This balance between testamentary freedom and fairness ensures that vulnerable individuals, such as spouses, children, and dependents, are not left destitute or unfairly treated. Understanding your rights under the Inheritance Act and the process involved is essential if you are considering making a claim.

What is the Inheritance Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 was introduced to empower the courts to make orders for reasonable financial provision from the estate of a deceased person where the will or intestacy rules fail to do so. Unlike many countries, the UK does not have forced heirship laws, meaning individuals are generally free to distribute their estate as they wish. However, the Act provides a safeguard to certain categories of people connected to the deceased, allowing them to claim if they have not been adequately provided for.

Reasonable financial provision is defined as the minimum amount necessary for the maintenance of the applicant. The courts aim to ensure the claimant can live neither in luxury nor poverty. For surviving spouses or civil partners, the court may apply a higher standard, considering their reasonable needs and expectations, including what they might have received if the relationship had ended in divorce rather than death.

The Act applies whether or not there is a valid will, and also covers cases where the deceased died intestate (without a will). It enables the court to vary the distribution of the estate to provide for eligible claimants.

Who Can Make a Claim?

The Act restricts claims to specific categories of individuals who have a close relationship or financial dependency on the deceased:

• Spouses and civil partners, including former spouses or civil partners who have not remarried or entered into a new civil partnership
• Children of the deceased, including biological, adopted, and those treated as children of the family (such as stepchildren)
• Cohabitants who lived with the deceased as if they were a spouse or civil partner for at least two years immediately prior to death
• Other financial dependents who were maintained wholly or partly by the deceased immediately before death

A person is considered maintained if they received financial support from the deceased, which can include regular payments, large gifts, or provision of housing at a nominal or no rent. Recent cases have seen adult children, even estranged ones, successfully claim where reasonable financial provision was not made.

To make a claim, the deceased must have been domiciled in England or Wales at the time of death, as the Act applies only to estates within these jurisdictions.