The Inheritance Act 1975 enables eligible people to seek financial provision from a loved one’s estate when they’ve been unfairly left out or inadequately provided for.

You might have grounds for a claim if:

• You’re mentioned in the will but not given enough to meet your needs.
• You’ve been completely excluded from the will.
• There’s no will, and intestacy rules fail to make adequate provision for you.

Key things to know about Inheritance Act Claims

• Who can claim under the Inheritance Act? You can claim if you’re a spouse, civil partner, cohabitee (living together for at least 2 years), child (including adult and stepchildren), or someone financially dependent on the deceased.
• What does ‘reasonable financial provision’ actually involve? Reasonable financial provision is evaluated based on your relationship to the deceased and personal financial circumstances. For instance, a spouse typically expects ongoing support and housing, whereas an adult child might receive a lump sum to assist with housing costs or debt repayment.
• Is there a time limit for claims? Yes, you typically have six months from the date probate is granted. Late claims are occasionally allowed, but acting quickly significantly improves your chances.
• How successful are Inheritance Act claims usually? Claims with strong evidence of financial dependency or inadequate provision often succeed. Most claims settle through negotiation, avoiding court altogether.
• Can claims be handled on a no win no fee basis? In many cases, yes. If your claim has good prospects, we offer a no win no fee inheritance claim arrangement, meaning you won’t pay upfront and only pay fees if your claim succeeds.

Who can claim under the Inheritance Act?

To make a successful claim for inheritance, you must belong to one of these recognised categories:

Spouse or Civil Partner

As a spouse or civil partner, you may have a strong case for a claim. For instance, if the estate doesn’t provide the kind of financial support or housing you might reasonably expect after a divorce, you could seek improved provision under the Inheritance Act.

Former Spouse or Civil Partner

You might have grounds to claim as a former spouse or civil partner if there were unresolved financial obligations at the time of death, such as regular maintenance payments. You can pursue a claim if you haven’t remarried or entered a new civil partnership.

Cohabiting Partner

If you lived together like spouses or civil partners for at least two years before your partner passed away, you could potentially claim. Providing evidence of shared finances, joint property, or day-to-day support can greatly help your case.

Children and Stepchildren

Adult children, stepchildren, or anyone who was treated as part of the deceased’s family may have a claim. Adult children’s claims often succeed when they clearly demonstrate unmet financial needs, such as housing, debt support, or helping their own dependants.

Financial Dependants

If you relied financially on the deceased, for example, regular payments, accommodation, or care you could have a valid claim. Dependants might include siblings, extended family, or even non-relatives, provided you can show clear evidence of financial dependency.

How does the court decide what a ‘reasonable provision’ is?

When considering what counts as ‘reasonable financial provision’, the court examines each case individually, focusing on the specific relationship between the claimant and the deceased, alongside practical financial circumstances.

Key factors the court considers include:

• Claimant’s financial position: your current and future financial needs, income, assets, and overall financial security.
• Financial situation of other beneficiaries: ensuring fairness, the court assesses other beneficiaries’ financial needs, including future expectations of their income and assets.
• Value and nature of the estate: the court carefully evaluates the size of the estate and how realistically it can meet each claimant’s requirements.
• Deceased’s responsibilities and obligations: examining any moral or legal responsibilities the deceased had toward you or other beneficiaries.
• Any relevant disabilities or special circumstances, such as a claimant’s illness, disability, or other unique financial considerations.
• Any other relevant matter including the conduct of the claimant and any wishes expressed by the deceased.

Based on these factors, the court has broad discretion and can award financial provision in various ways.

This could include a lump-sum payment, transferring property ownership, or setting up ongoing financial support to ensure your future financial stability.

What does the court consider when deciding claims under the Inheritance Act 1975?

The court evaluates several critical factors when deciding on Inheritance Act claims:

• Your current and future financial needs: Essential expenses, housing, and support.
• Other beneficiaries’ financial situations: Ensuring fairness across the estate.
• Size and value of the estate: Whether the estate can realistically provide for your claim as well as the existing beneficiaries.
• Moral and legal obligations of the deceased: Responsibilities the deceased owed to you.
• Any disabilities: Physical or mental disabilities affecting your financial needs.
• Relationship closeness: The nature and quality of your relationship with the deceased.

Why would a claim typically succeed or fail?

Inheritance Act claims typically have a stronger chance of success when:

• Clear evidence of financial need (e.g., reliance on the deceased for housing or income).
• Established relationship status (spouse, cohabitee, child).
• Estate is sufficiently large to accommodate the claim.
• Strong documented evidence supporting dependency.

Claims usually fail due to:

• Missed deadlines without valid reasons.
• No qualifying relationship or dependency.
• Minimal financial need or very limited estate resources. For claimants who are not spouses or civil partners the Act specifies that the financial provision is for the claimant’s ‘maintenance’. Claimants with no history of financial dependence can fail to meet this requirement.
• Insufficient evidence to demonstrate unfairness or dependency.

Inheritance Act Claims on a No Win No Fee Basis

We frequently handle Inheritance Act claims on a no win no fee basis, meaning:

• No immediate fees or hidden charges.
• You only pay legal fees if we successfully recover funds for you.
• Free initial assessment to confirm your eligibility for no win no fee representation.

After your free initial consultation and considering any further documentation, we will evaluate whether your claim has greater than 50% prospects of success.

If it does, we can offer a Conditional Fee Agreement (CFA) which means that we will fund your claim on a no win no fee basis.

Why choose our Inheritance Dispute Solicitors?

• Decades of combined experience in inheritance disputes and contested probate cases.
• A proven track record of securing favourable settlements, often without court proceedings.
• Clear, straightforward advice, and swift action on your behalf.
• Options for no win no fee arrangements.
• Free initial consultation, no obligation to proceed.

Why wait? Contact our Contested Wills Solicitors today…

If you are affected by any of these issues call us today on 01793 853200 or fill out our quick enquiry form, to arrange a free initial consultation.

Our contested wills and probate lawyers are experts in handling sensitive disputes arising at difficult times for family and friends.