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Claims under the 1975 Act arise when a Will, or the rules of Intestacy, fail to provide reasonable financial support to eligible claimants.
The 1975 Act allows specified eligible individuals to make a claim if they do not believe they have been left reasonable provision. The court will weigh up various factors including :-
Age
Dependency
Relationship to the Deceased
Financial need
Health issues
Obligations of the deceased
Size of the estate
All of which will be taken into consideration when deciding whether reasonable provision has been provided or should have been provided.
Many cases are capable of being resolved through negotiation before reaching court.
Some common underlying causes are :-
Exclusion from a will – a child, spouse, partner or a financial dependant is left out entirely.
Unequal treatment – one family member receives significantly less than others.
Dependence on the deceased – someone who relied financially on the deceased and has not been adequately provided for.
Second families/complex relationships – disputes between children of different marriages, or between a new partner and children from a previous relationship.
Intestacy rules – where no will exists, the statutory distribution may not support dependants properly.
You must fall into one of the following categories:
1. Spouse or civil partner of the deceased
2. Former spouse or civil partner who has not remarried or formed a new civil partnership
3. Cohabitant/Partner who had lived with the deceased as if married or in a civil partnership for at least two years before death
4. Child of the deceased (including adult children)
A person treated as a child of the family (such as a stepchild)Any person financially maintained by the deceased immediately before death
1. Seek legal advice quickly – there is a strict 6-month time limit from date of the Grant of Probate to issue your claim in Court.
2. Initial assessment – your solicitor will review your circumstances and advise whether you are an eligible claimant.
3. Pre-action negotiation – many cases are settled through correspondence or mediation before reaching court.
4. Issue proceedings – if settlement isn’t possible, a formal claim is issued in the High Court or County Court.
5. Court process – the court considers the statutory factors (your needs, the estate size, obligations, etc.).
6. Outcome – the court can order financial provision (e.g. lump sum, regular payments, transfer of property).
You may be liable for the legal costs of the defendant(s), as well as your own, if your claim is unsuccessful.
The process can cause or deepen family disputes, sometimes beyond repair.
This is the central legal test and depends on the claimant’s relationship with the deceased and financial position and needs.
For a spouse or civil partner, the court considers what would be reasonable for a spouse to receive, whether or not maintenance is strictly required. This is a generous standard and often similar to what might be awarded in divorce proceedings.
For all other eligible categories (such as adult childrenand financial dependants), the test is what would be reasonable for maintenance. This is a more limited standard and focuses primarily on financial need. Adult children will generally be expected to be able to look after themselves, and they would need to show financial dependency on the deceased prior to the death and/or significant health issues which give rise to a housing need due to be unable to make a living.
To support a claim, you will generally need:
A copy of the will or confirmation of intestacy.
A copy of the Grant of Probate or Letters of Administration.
Full and detailed evidence of your income, assets, debts and financial needs.
Full and detailed evidence of any physical or mental health conditions that you may rely on in your claim.
Details of the estate's assets and liabilities.
Evidence of your relationship with the deceased or any financial support they provided.
Any letter of wishes or other documents explaining your exclusion.
Under the 1975 Act, the court must weigh up a set of statutory factors when deciding if reasonable financial provision has been made.
The main factors are:
The financial needs and resources of the claimant (present and foreseeable).
The financial needs and resources of any other beneficiaries/claimants.
The obligations and responsibilities the deceased had towards the claimant.
The size and nature of the estate.
Any physical or mental disability of the claimant or other beneficiaries.
Any other relevant circumstances (including conduct in some cases).
The claim is made against the estate, which is represented by the executors or administrators. They have a duty to remain neutral in this type of claim and their role is to provide all necessary information and documentation to the Claimant promptly and efficiently. Residuary beneficiaries who will be affected by the claim will also be joined to the proceedings as Defendants.
Executors have to remain neutral and it is for the beneficiaries to actively defend and settle the claim.
The majority of claims are resolved this way. Settlement options may include lump sums, housing provision, income payments, or other arrangements depending on the circumstances.
These can be achieved through direct negotiation, mediation, or formal settlement offers under the Civil Procedure Rules.
We provide practical and compassionate legal advice on all sides of 1975 Act claims. Whether you are:
Making a claim after being excluded from a will.
Acting as an executor facing a claim.
A beneficiary concerned about your inheritance
We can guide you through the legal process with expertise and clarity and advise you on funding. If you are an executor, your reasonable costs will be paid from the estate so long as you remain neutral. As a beneficiary, you will be liable for your own legal costs and we will consider with you, at the relevant time, if there are any funding options open to you to assist you to bring your claim.
Contact us today for a confidential consultation.
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