Inheritance (Provision for Family and Dependants) Act 1975 – FAQs

What is an Inheritance Act 1975 claim?

An Inheritance Act 1975 claim is a legal claim brought under the Inheritance (Provision for Family and Dependants) Act 1975. It allows certain people to apply to the court for financial provision from a deceased person’s estate where the will (or the intestacy rules) do not make reasonable financial provision for them.

Such claims are commonly brought where someone has been left out of a will, or where the provision made is insufficient to meet their needs.

Why do inheritance disputes happen?

Disputes over wills, estates and inheritance claims have increased steadily over the past decade. Common contributing factors include:

• The rising value of estates, particularly due to increased property and land prices
• The growing number of blended families, often with competing financial interests
• Poorly drafted or outdated wills
• A lack of communication during the deceased’s lifetime about how their estate would be distributed

Under English law, individuals generally have testamentary freedom – meaning they can leave their estate to whomever they choose. While this principle is fundamental, it can sometimes lead to disappointment and distress for family members or dependants who feel they have been treated unfairly.

Who can make a claim under the Inheritance Act 1975?

Only certain categories of people are eligible to bring a claim. These include:

• A spouse or civil partner of the deceased
• A former spouse or former civil partner, provided they have not remarried or entered into a new civil partnership
• A child of the deceased
• A person treated by the deceased as a child of the family (for example, a stepchild)
• A person who lived with the deceased as husband or wife (or as civil partners) for at least two years immediately before death
• A person who was being maintained by the deceased immediately before death

Maintenance may be financial or provided “in kind”, such as rent‑free accommodation.

Because eligibility is tightly defined, specialist advice is essential before bringing a claim.

Do I need to have been named in the will to make a claim?

No. A claim under the Inheritance Act 1975 does not depend on the existence of a will.

If the deceased died intestate (without a will), and the intestacy rules do not make reasonable financial provision for you, it may still be possible to bring a claim.

What is the time limit for bringing an Inheritance Act claim?

Most claims must be issued within six months of the Grant of Probate (or Grant of Letters of Administration).

If a claim is issued outside this time limit, the claimant must apply for the court’s permission to proceed. That application must be made at the same time as issuing the claim, and permission is not guaranteed.

What does “reasonable financial provision” mean?

What amounts to reasonable financial provision depends on the individual circumstances of each case.

For most claimants, the court considers whether reasonable financial provision has been made for their maintenance. This often involves assessing issues such as:

• A financial shortfall
• The loss of accommodation previously provided by the deceased

For spouses and civil partners, the test is broader. The court considers whether reasonable provision has been made in all the circumstances, not limited to maintenance alone. In many cases, the court will assess the claim by reference to what the spouse or civil partner might reasonably have received on divorce rather than death – known as the “deemed divorce test”.

What factors does the court consider when deciding a claim?

When assessing an Inheritance Act claim, the court will take into account:

• The financial resources and needs of the claimant, now and in the foreseeable future
• Any obligations or responsibilities the deceased had towards the claimant
• The size and nature of the estate
• Any physical or mental disabilities of the claimant
• Any other relevant matter, such as:
  • The length of a marriage or relationship
  • The claimant’s age
  • Contributions made to the family or household

What powers does the court have in Inheritance Act claims?

If a claim is successful, the court has wide powers to make financial provision. This may include:

• Ordering a lump‑sum payment
• Ordering regular payments for a fixed period or for life
• Transferring property or other assets outright
• Ordering the sale of property or assets, with the proceeds used to meet the claimant’s needs
• Placing property into trust, such as granting a life interest so the claimant can remain living in a property for their lifetime

Why is specialist advice important for Inheritance Act claims?

Inheritance Act claims are legally and procedurally complex. The outcome often depends on how the court balances competing needs and applies the statutory criteria to the specific facts of the case.

Our team has significant experience advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975. Katie Alsop has acted in the only two 1975 Act cases to reach the Supreme Court:

• Ilott v Blue Cross and others
• Hirachand v Hirachand

How can HCR Law help?

We can talk through your circumstances, advise whether you may have a valid claim under the Inheritance Act 1975, and provide a realistic assessment of the likely outcome.