The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask the court for financial provision from an estate, if the will or the intestacy rules do not make reasonable financial provision for them.
Who can claim?
The person who died must have been domiciled in England and Wales. The following can bring a claim:
- a spouse or civil partner;
- a former spouse or civil partner who has not remarried or formed a new civil partnership;
- a cohabitant who lived with the deceased in the same household as if they were married or civil partners for the whole of the two years immediately before the death;
- a child of the deceased, including an adult child;
- someone treated by the deceased as a child of the family (for example a stepchild); and
- anyone who was being maintained, wholly or partly, by the deceased immediately before the death.
What counts as "reasonable financial provision"?
For a surviving spouse or civil partner, the court considers what provision would be reasonable in all the circumstances, whether or not it is needed for maintenance. For everyone else, the test is what is reasonable for their maintenance, meaning their day-to-day living needs.
Adult children can claim, but the Supreme Court in Ilott v The Blood Foundation [2017] UKSC 17 confirmed that there is no automatic right to inherit and that awards depend on the facts.
What the court considers
Under section 3 of the Act the court looks at factors including:
- the financial resources and needs of the claimant, other claimants and the beneficiaries, now and in the foreseeable future;
- any obligations and responsibilities the deceased had towards them;
- the size and nature of the estate;
- any physical or mental disability of anyone involved; and
- any other relevant matter, including conduct.
Settling a claim
Most Inheritance Act claims settle before trial, often at mediation. Court orders and many settlements under the Act are treated for inheritance tax as if the deceased had made that provision in their will, so the tax effect of any settlement should be checked; our Private Wealth & Tax team can advise.
If you are an executor or beneficiary facing a claim
Personal representatives should normally take a neutral position on an Inheritance Act claim and should not distribute the estate within six months of the grant if they know a claim may be made. See executor and trustee disputes.
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Frequently asked questions
How long do I have to make an Inheritance Act claim?
Six months from the date of the grant of probate or letters of administration. A claim can also be made before a grant is issued. Late claims need the court's permission, which is not guaranteed.
Can an unmarried partner claim?
Yes, if you lived with the deceased in the same household as if you were married or civil partners for the two years immediately before the death, or if they were maintaining you. Unmarried partners have no automatic entitlement under the intestacy rules, so an Inheritance Act claim is often the main route.
Can an adult child claim from a parent's estate?
Yes, but there is no automatic right to inherit. The court will look at your needs and resources, the size of the estate, the deceased's reasons and the other factors in the Act.
Does a claim have to go to court?
Court proceedings are usually issued to protect the six-month time limit, although the parties sometimes agree in writing to pause it (a standstill agreement), which carries some risk. Even after proceedings are issued, most claims are resolved by negotiation or mediation without a trial.
