What can I do if a relative has left me insufficient provision in their will?

If you believe that you have not been adequately provided for under a relative’s will, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The Act allows certain categories of person to challenge the provision made for them, or the lack of any provision, under a deceased’s will or the rules of intestacy.

The central question

The first question in any claim under the Act is: has the deceased’s estate made reasonable financial provision for you? The answer depends upon the category of applicant you fall into. The Act draws an important distinction between spouses and civil partners on the one hand, and all other applicants on the other.

For a surviving spouse or civil partner, the standard is what it is reasonable for the claimant to receive, whether or not it is needed for their maintenance. This is known as the “non-maintenance standard” (section 1(2)(a) of the Act). For all other applicants, the standard is lower: it is limited to such financial provision as it would be reasonable for the applicant to receive for his or her maintenance (section 1(2)(b)).

Who can claim?

The Act sets out five categories of person who may bring a claim:

• The spouse or civil partner of the deceased
• A former spouse or former civil partner of the deceased (provided they have not remarried or entered a new civil partnership)
• A child of the deceased
• Any person treated as a child of the family in relation to a marriage or civil partnership of the deceased
• Any person who, immediately before the death, was being maintained wholly or partly by the deceased (i.e. dependants).

Cohabitees

Cohabitees occupy a particular position. To qualify, you must have lived in the same household as the deceased during the whole period of two years ending on the date of death and must have been living as husband and wife or as civil partners with the deceased. The courts have recognised that the defining characteristics of such a relationship include mutual interdependence between the parties, the sharing of their lives together, and the presence of genuine caring, love, commitment, and support for one another.

Dependants

If you are claiming as a dependant, you must demonstrate that the deceased was making a substantial contribution in money or money’s worth towards your reasonable needs immediately before their death.

What does the Court consider?

Once you have established that you fall within one of the categories above, the court will consider the factors set out in section 3 of the Act. These include:

• The financial resources and needs of the applicant, any other applicant, and any beneficiary of the estate, both now and in the foreseeable future
• Any obligations and responsibilities which the deceased had towards any applicant or beneficiary
• The size and nature of the net estate
• Any physical or mental disability of any applicant or beneficiary
• Any other matter, including the conduct of the applicant or any other person, which the court may consider relevant.

Certain categories of applicant attract additional considerations. For spouses and civil partners, the court will also examine the age of the applicant, the duration of the marriage or partnership, the contribution made to the welfare of the family (including looking after the home or caring for the family), and the provision which the applicant might reasonably have expected to receive had the marriage ended in divorce rather than death. For children, the court considers the way the applicant might expect to be educated or trained. For dependants, the court considers the length of time and basis on which the deceased maintained the applicant and the extent of any contribution made.

How can we help?

Claims under the Act are inherently fact-sensitive, and early investigation of the circumstances is critical. If you believe that you have not been adequately provided for under a relative’s will, or if you are an executor or beneficiary facing such a claim, please do not hesitate to get in touch with our Disputed Wills, Trusts and Estates team for advice.