Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

Summary

The Inheritance Act 1975 permits certain people to challenge a Wills or intestacy distributions when the provision (or lack thereof) proves inadequate for their needs.
English law generally respects testamentary freedom, allowing people to leave assets as they wish, but the Inheritance Act 1975 creates important exceptions.
Six categories of applicants may claim, including spouses, cohabitants, children, and dependants.
Courts exercise broad discretion, weighing numerous factors including financial resources, obligations, estate size, and conduct.
Claims must be brought within six months of probate, making early legal advice essential for both potential applicants and executors.

English law cherishes testamentary freedom. A person may generally dispose of their estate as they see fit, rewarding loyalty, punishing perceived slights, or supporting causes dear to them. Yet this freedom carries limits; Parliament recognised that unfettered discretion could leave vulnerable family members destitute whilst distant relatives or charities inherited substantial wealth. The Inheritance (Provision for Family and Dependants) Act 1975, commonly known as the Inheritance Act 1975, addresses this tension, by allowing for certain people to claim reasonable financial provision from an estate if the deceased did not do so under their Will.

Who Can Bring a Claim?

Six categories of people can apply under the provisions of the Inheritance Act 1975:

The spouse or civil partner of the deceased.
Former spouses or civil partners provided they have not remarried or entered a new civil partnership.
Someone who lived with the deceased as an unmarried partner for at least two years leading up to their death.
The deceased’s children, including those who are now adults.
Anyone regarded as a ‘child of the family,’ such as stepchildren.
Those who were financially supported, either fully or partially, by the deceased before their passing.

Applications must be filed in court within six months of the grant of representation. Courts possess discretion to permit late claims but require compelling justification for missing this deadline.

Will the court rule in my favour in an Inheritance Act claim?

The outcome of an Inheritance Act 1975 claim depends entirely on the circumstances of your case. A well-known example is Ilott v The Blue Cross and others [2017] UKSC 17, where Heather Ilott, who had been estranged from her mother for many years, contested her late mother’s Will after being left out of it. The estate, worth around £486,000, had been left to three charities.

Initially, the court awarded Heather £50,000. The Court of Appeal later increased this to £143,000 to allow her to purchase her home, with an option for an extra £20,000. However, the charities appealed, and the Supreme Court restored the original £50,000 award. The judges clarified that “reasonable financial provision” under the Act is designed to meet maintenance needs, not to enhance a claimant’s lifestyle or financial position.

This decision illustrates that the courts will only interfere with the terms of a Will if the deceased failed to make adequate provision for someone they had a duty to support. A belief that the Will is unfair is not, by itself, enough.

Only assets forming part of the net estate can be distributed under an award, so jointly owned property and similar assets are usually excluded. If your claim succeeds, the court may order a lump sum, regular maintenance payments, or the transfer of specific property, depending on your needs and the estate’s size.

Factors the Court Considers

Section 3 of the Inheritance Act 1975 directs courts as to what factors to consider when exercising discretion to grant the applicant financial provision. These include:

The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
The financial resources and financial needs which any other applicant has or is likely to have in the foreseeable future;
The financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future
Any obligations and responsibilities which the deceased had towards any applicant or beneficiary of their estate;
The size and nature of the net estate of the deceased
Any physical or mental disability of any applicant or beneficiary of the estate of the deceased, and
Any other matter, including the conduct of the applicant or any other person, which, in the circumstances of the case, the court may consider relevant.

Final words

The Inheritance Act 1975 offers a legal claim route but there is no guarantee of provision. Courts exercise discretion case by case, weighing numerous factors without rigid formulae. The Act respects testamentary freedom whilst preventing abandonment of financial dependants.

Claimants must take practical considerations into account. Litigation costs can consume significant estate value, reducing the pool available for all parties. In addition, if you lose your claim, you will have to pay a portion of the other side’s legal costs that can run into tens, if not hundreds of thousands of pounds.

Family relationships often suffer lasting damage through contested proceedings. Many cases settle through negotiation and/or mediation, preserving both estate value and family cohesion where possible. Early legal advice helps applicants assess the strength of their claim and ensures they fully understand the risks of going to court.

Frequently Asked Questions

Can adult children claim under the Inheritance Act 1975?

Yes, adult children may claim, but they face the maintenance standard rather than the broader provision available to spouses. Courts scrutinise whether adult children genuinely require maintenance from the estate or possess sufficient resources and earning capacity to support themselves. Disability, age, established dependency, or special circumstances strengthen claims. The mere fact of being a child does not guarantee provision; recent case law emphasises that moral claims alone prove insufficient without demonstrated financial need.

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

Claims must be issued within six months from the date of the grant of probate or letters of administration. This deadline runs strictly; courts possess discretion to permit late applications but require compelling justification. Anyone considering a claim should seek legal advice immediately upon learning of the grant, as investigation and preparation consume time. Executors may distribute the estate freely after six months, though successful late claims may still bind beneficiaries who received assets.

Can I claim if I lived with the deceased but we weren’t married?

Cohabitants who lived with the deceased as husband and wife or as civil partners for at least two years immediately before death may claim under the Act. The relationship must have resembled marriage or civil partnership in stability and character, not merely shared accommodation. Cohabitants face the maintenance standard rather than the spouse standard, though courts consider contributions to household expenses and family care. Proof of continuous cohabitation for the required period proves essential.

What happens if the deceased left everything to charity?

Charitable bequests do not prevent Inheritance Act 1975 claims. Courts assess whether the disposition makes reasonable provision for eligible applicants regardless of beneficiary identity. A successful claim reduces the charitable bequest to fund provision for the applicant. However, the deceased’s charitable intentions receive consideration as part of the overall circumstances. Courts balance the applicant’s demonstrated needs against the deceased’s wishes, potentially restricting provision to genuine maintenance requirements rather than broader financial support.

How much does it cost to bring an Inheritance Act 1975 claim?

Costs vary considerably depending on case complexity, estate value, and whether settlement proves achievable. Unsuccessful applicants typically bear their own costs and may face orders to pay defendants’ costs. Successful applicants often receive costs from the estate, though courts exercise discretion. The prospect of substantial legal fees encourages settlement negotiations in many cases.