Inheritance Act 1975 Claims

The Inheritance (Provision for Family and Dependants) Act 1975 applies where someone died domiciled in England and Wales and their will — or the intestacy rules, or the combination of both — fails to make reasonable financial provision for a qualifying applicant. The court can then redistribute the estate: ordering periodical payments, a lump sum, the transfer of property (often the family home), or a life interest.

It is fundamentally different from contesting a will. A validity challenge argues the will should not stand at all (lack of capacity, undue influence, forgery, defective signing). An Inheritance Act claim accepts the will as valid but says its result is unreasonable for this particular applicant. The two routes are often considered together, and a weak validity challenge frequently becomes a 1975 Act claim instead — the evidential bar is usually lower and the remedy more targeted.

The Act is not a fairness charter. English law starts from testamentary freedom: you may leave your estate to whoever you wish. The Act interferes only for the defined categories of applicant, and — for everyone except a surviving spouse or civil partner — only to the extent needed for their maintenance.

Section 1(1) of the Act limits applications to:

• The spouse or civil partner of the deceased.
• A former spouse or civil partner who has not remarried or formed a new civil partnership — unless a court order made on the divorce barred future claims (standard in most financial settlements).
• A cohabitant who lived in the same household as the deceased, as if married or in a civil partnership, for the whole of the 2 years immediately before the death (s.1(1A)/(1B)).
• A child of the deceased — including adult children; there is no age limit.
• Someone treated as a child of the family by the deceased in relation to a marriage, civil partnership, or other family relationship — typically stepchildren.
• Anyone being maintained wholly or partly by the deceased immediately before the death — for example a dependent relative or friend the deceased was housing or supporting financially.

Notably absent: siblings, parents, grandchildren, and unmarried partners of under 2 years' standing have no claim unless they can bring themselves within the "maintained" category. For cohabitants the 2-year clock and the "same household" requirement are strictly examined — brief separations do not necessarily break the household, but the relationship must be genuinely marriage-like.

The Act sets two different standards (s.1(2)):

• The surviving spouse standard: such provision as it would be reasonable for a husband, wife, or civil partner to receive, whether or not required for their maintenance. Courts often cross-check against what the survivor might have received on a divorce — which can mean a substantial share of the estate.
• The maintenance standard (everyone else): such provision as it would be reasonable for the applicant to receive for their maintenance — meaning the ability to meet everyday living expenses at a standard appropriate to them, not legacies for their general benefit or enrichment.

The court works through the section 3 factors: the applicant's financial needs and resources now and in the foreseeable future; the needs and resources of other applicants and of the beneficiaries; any obligations and responsibilities the deceased had towards them; the size and nature of the estate; any physical or mental disability; and anything else relevant, including conduct and the reasons the deceased gave for the will.

In Ilott v The Blue Cross [2017] UKSC 17 the Supreme Court restored a modest £50,000 award to an estranged adult daughter living on benefits, out of an estate left to charities — confirming both that independent adult children can succeed and that the wishes of the deceased carry real weight. Awards to able-bodied, self-supporting adults remain the exception, not the rule.

Section 4 of the Act says a claim may not be made, except with the court's permission, more than 6 months after the date of the grant of representation — the grant of probate (where there is a will) or letters of administration (intestacy). The clock runs from the grant, not the death.

Practical points:

• Find out when the grant issues. Lodge a standing search at the Probate Registry (form PA1S, £3): you will be sent a copy of any grant issued in the following 6 months, so the deadline cannot pass silently.
• The court can allow late claims — but permission is discretionary. The case law (notably Berger v Berger [2013] EWCA Civ 1305) looks at the reasons for delay, whether negotiations were ongoing, whether the estate has already been distributed, and the merits. Every month of unexplained delay makes permission less likely.
• Personal representatives get protection after 6 months. Executors who distribute the estate once the window has closed are personally protected from a late claim (s.20) — a successful late claimant can only pursue the assets in the beneficiaries' hands.
• Issuing protects you; negotiating does not. A standstill agreement between the parties does not bind the court. If settlement talks are running close to the deadline, issue the claim and stay it.

Use the Inheritance Act claim window calculator to map the 6-month deadline and reminder dates from the grant date.

Claims are issued in the County Court or the High Court (Chancery or Family Division) under CPR Part 8, supported by a witness statement addressing the s.3 factors. The personal representatives must be joined, along with the beneficiaries whose inheritances are at stake.

The typical shape of proceedings:

1. Pre-action: letter of claim setting out the applicant's category, needs, and what provision is sought; disclosure of the estate accounts and the applicant's full financial position.
2. Issue and evidence: Part 8 claim form, witness statements from all sides. The deceased's reasons (a letter of wishes explaining an exclusion) go into evidence.
3. Mediation or FDR-style negotiation: the great majority of claims settle. Costs escalate quickly relative to most estates, and judges expect genuine settlement attempts.
4. Trial: usually 1–3 days. The court decides first whether the will/intestacy failed to make reasonable provision, then what order to make (s.2): lump sum, periodical payments, property transfer, or a life interest.

Costs do not automatically come out of the estate — the loser generally pays, and an applicant who overreaches can end a claim worse off than they started. Conditional fee agreements are common for stronger claims; take advice from a contentious probate specialist early, because the 6-month window leaves little room for a slow start.