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Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can challenge the distribution of a deceased person’s estate if they believe that reasonable financial provision has not been made for them—either through a will or under the rules of intestacy.
This right can apply even if the deceased deliberately excluded the individual from their will or left a letter of wishes explaining that decision.
You must fall into one of the following categories:
Spouse or civil partner of the deceased
Former spouse or civil partner who has not remarried or formed a new civil partnership
Cohabitant who lived with the deceased as if married or in a civil partnership for at least two years before death
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
Being a blood relative does not automatically give you a right to claim, but claims from close relatives such as children or spouses are often considered stronger.
You may still bring a claim even if the will deliberately excludes you or is accompanied by a letter of wishes explaining the deceased’s reasoning. The court will consider those explanations, but they are not binding. The key question is whether the deceased made reasonable financial provision for you in all the circumstances.
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 children, cohabitants, and dependants), the test is what would be reasonable for maintenance. This is a more limited standard and focuses primarily on financial need.
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
Evidence of your income, assets, debts and financial needs
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
The court will take into account a range of statutory factors, including:
The financial needs and resources of the claimant now and in the foreseeable future
The financial needs and resources of any other applicant or beneficiary
The size and nature of the estate
Any obligations or responsibilities the deceased had toward the claimant
The age, health and earning capacity of the claimant
The nature and length of the relationship between the claimant and the deceased
Any contributions made by the claimant to the welfare of the deceased or the estate
Any other relevant matters, including the deceased’s intentions
The claim is made against the estate, which is represented by the executors or administrators. However, beneficiaries who may be affected by the claim can also be joined to the proceedings.
Yes, disagreements do happen, and the law provides a framework to deal with them.
Executors can settle a claim if they believe it is in the best interests of the estate, even if the beneficiaries object. However, if a settlement affects the beneficiaries’ entitlements, the court may require those beneficiaries to be consulted or even approve the settlement.
Beneficiaries cannot settle a claim without the executors’ agreement, because only executors have legal authority over the estate. If beneficiaries want to settle but executors refuse, beneficiaries may apply to court for directions or in extreme cases, seek to have the executors replaced. The court can approve a settlement if it finds that the executors’ refusal is unreasonable or detrimental to the estate.
Yes. An Inheritance Act claim must be issued within six months of the Grant of Probate or Letters of Administration. Claims outside that period require court permission and must show good reason for the delay.
You may be liable for legal costs if your claim is unsuccessful
The process can cause or deepen family disputes
It may involve stressful and lengthy court proceedings
Most proceedings are public
Claims must be made quickly or risk being struck out
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 Inheritance 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. We also offer tailored funding options, including deferred fees or no-win-no-fee arrangements in suitable cases.
Contact us today for a confidential consultation.
Get in touch
If you would like to speak with a member of the team you can contact us on:
Associate Solicitor - Wills and Probate Disputes
Georgia studied Law as an undergraduate at Cardiff University between 2012 and 2015, before going on to complete the Legal Practice Course at the University of Law, Guildford, in 2016. Georgia then went on to work for a long established multi-office Lo...
