A Guide to Inheritance Act Claims

Inheritance Act claims offer a vital legal remedy for individuals who have been unfairly left out of a Will, or inadequately provided for following the death of a loved one. In this article Danielle Blaylock, a Senior Associate in our Contentious Trusts & Probate team, shares important guidance for claimants, executors and beneficiaries.

Guidance for Claimants

What is an Inheritance Act claim?

It is a legal route available to certain individuals who believe they have not received reasonable financial provision from the estate of someone who has died.

Under the Inheritance (Provision for Family and Dependants) Act 1975, a claim can be brought if the deceased either failed to make adequate provision in their Will or, in the case of there being no Will, the rules of intestacy have left someone without the support they reasonably expected.

The Act gives courts discretion to redistribute part of the estate to eligible applicants where it finds that the deceased had a responsibility to provide for them and did not do so.

This type of claim is often pursued when close family members, partners, or dependents are unexpectedly excluded from a Will or left with a disproportionately small inheritance, a scenario that can arise frequently in high-value or blended family estates.

Who can bring a claim against an estate?

Only certain categories of people are entitled to bring a claim.

These include:

• The spouse or civil partner of the deceased;
• A former spouse or civil partner (provided they have not remarried or entered a new civil partnership);
• A cohabiting partner who lived with the deceased for at least two years prior to death;
• Children of the deceased;
• Individuals treated as a child by the deceased;
• Anyone who was financially maintained by the deceased at the time of their death.

Each applicant’s entitlement is assessed in light of their relationship to the deceased and their current and future financial needs. Spouses and civil partners can benefit from enhanced rights, meaning the Court will consider what is reasonable for them to receive, rather than simply what is necessary for maintenance.

What types of provision can be claimed under the Inheritance Act?

The Court can award a lump sum in the form of a single payment or periodical payments to provide an income. It may also order the transfer of property or a specific asset, or it may grant the right to occupy a property owned by the deceased.

How do the courts decide what’s deemed ‘reasonable financial provision’?

The Court will be required to consider what allows the Claimant to maintain their current standard of living. It is not intended to be a wind fall. The Claimant will need to provide detailed financial information regarding their income and expenditure with supporting evidence, however any award will be dependent on the value of the estate.

How long do you have to make a claim?

Inheritance Act Claims must be issued at Court within six months of the grant of probate or letters of administration.

While the Court does have the discretion to allow late applications, this is only granted in exceptional circumstances, such as when the parties have entered a standstill agreement while negotiating. Even then, it remains entirely at the Court’s discretion.

To avoid the risk of missing the deadline, it’s critical to seek legal advice as soon as possible.

Does the size of the estate affect the likelihood of success?

Yes. Whilst a high value estate does not mean a greater likelihood of success, the more assets in the estate the more options there are to vary matters and award a provision. In addition, costs are always a factor and need to be considered and as such, modest estates ought to call for settlement at a much earlier stage.

Can you claim if the deceased made substantial lifetime gifts before death?

Yes. Where there have been pre-death dispositions, section 10 gives the Court the power to order gifts made by the deceased to be brought back into the estate if certain criteria are met. Section 10 sets out that the gift must have been within 6 years of death, it was made with the intention to defeat an inheritance act claim, and the disposition was not for full valuable consideration. If the Court makes an order under this section, the recipient of the gift may be ordered to pay money into the estate.

What are the most common myths about contesting a Will under the Inheritance Act?

There are several common misconceptions about Inheritance Act claims that can prevent people from seeking advice or understanding their rights.

These include the belief that adult children have no claim, that receiving something in a will means you cannot challenge it, or that high-value estates are automatically divided fairly.

Another frequent misunderstanding is that the existence of a valid will removes the right to claim, but under the Act, a valid will can still be subject to financial provision claims.

Guidance for Executors and Beneficiaries

What should you do if a claim is made against an estate you are administering?

It important that any party faced with a claim to take immediate legal advice. Whilst you will need to investigate the validity of the claim and obtain the documents the Court will require, it is important to remain neutral and notify the beneficiaries immediately so they can respond appropriately.

Can you defend a claim as a beneficiary?

Essentially, the beneficiaries are the ones who will be required to defend the case. A personal representative must remain neutral if they wish to retain their cost protection. The beneficiaries are the ones who will be affected if their legacy is reduced, especially if they are advancing a needs-based defence to say they need their need the legacy.

What evidence is typically needed to respond to a claim?

One of the key set of documents will be the will file to ascertain the reasons why the deceased chose not to leave the Claimant a legacy, practitioners when drafting a will excluding a party ought to take a detailed statement as to the relationship between the parties, any payments they have previously had from the deceased and why the deceased has excluded them. Parties will also need to know the value and types of assets within the estate.

Witness statements will also be essential and will typically reference any breakdown in the relationship, if this is a contributing factor, the financial needs of the beneficiaries together with supporting evidence, any obligations the deceased had towards the Claimant or any other party and details of any physical and mental disability of the Claimant or any other party.

Will a claim delay the distribution of an estate?

Yes, the personal representatives should not distribute an estate until the dispute is resolved, or they may face personal liability. Personal representatives are advised not to distribute the estate within the first 6 months of the administration to ensure the 6-month time frame for any claims has passed.

Can mediation help resolve a high-value inheritance dispute?

Absolutely. Most cases are settled via mediation as this is quicker and more cost effective. In addition, the parties have the ability to be more creative with settlement.

What are the cost implications of defending a claim?

Inheritance disputes can quickly become expensive, and legal fees may exceed the value of the claim itself on occasion. For this reason, early strategic advice is essential.

To assist clients on both sides of a claim, we offer a range of flexible funding options, including traditional hourly billing, fixed fees for specific stages, and in certain cases, ‘no win no fee’ arrangements. The goal is always to provide clear advice around cost exposure and reduce financial uncertainty.

Speak to an expert

Inheritance Act claims can be complex, time-sensitive, and emotionally charged, but with the right legal support, they can be resolved efficiently and fairly. Our expert team has deep experience in handling high-value and sensitive estate disputes, ensuring our clients receive the guidance they need at every stage of the process.

If you are considering making a claim or are facing one, our solicitors are here to help, with partner-led advice and flexible funding options tailored to your circumstances.

Contact Our Solicitors