What is the Inheritance Act 1975? Who can make a claim under it? Can it apply to high-value estates or those involving international assets and complex family structures? These are just some of the questions that arise when someone feels they’ve been unfairly excluded from a loved one’s Will.
The Inheritance (Provision for Family and Dependants) Act 1975 exists to offer potential recourse, but it’s a nuanced area of law that requires specialist advice.
In this guide, we explore the core provisions of the Act, who it protects, and how individuals can bring or defend a claim, especially when the stakes are high.
What is the Inheritance Act 1975?
The Inheritance (Provision for Family and Dependants) Act 1975 gives certain individuals the legal right to claim reasonable financial provision from the estate of someone who has died, if the court considers they have not been adequately provided for under a deceased person’s Will or through the rules of intestacy.
The Act enables the court to redistribute part of the estate where it considers the deceased had a responsibility to provide for someone and failed to do so.
It’s often used in situations where family members, co-habiting partners or dependents are unexpectedly left out of a Will or receive significantly less than they need or expected.
Who can claim under the Inheritance Act?
Not everyone is eligible to bring a claim under the Inheritance Act. The law sets out specific categories of people who may apply, including:
- The spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried or entered into a new civil partnership
- A person who was living with the deceased as if they were a spouse or civil partner for at least two years prior to their death,
- A child of the deceased or someone treated as a child by the deceased
- Anyone who was financially maintained by the deceased prior to their death.
Each claimant’s entitlement is assessed based on their relationship to the deceased and their financial circumstances. There are enhanced rights for spouses.
What is the time limit to make a claim?
A claim under the Inheritance Act must usually be made within six months of the date when a grant of probate or letters of administration is issued.
Whilst it is possible to apply after this deadline, the court will only permit late claims in exceptional circumstances, and such applications are entirely at the Court’s discretion.
For this reason, it is crucial to seek legal advice as soon as possible if you believe you may have a claim.
What is the difference between contesting a Will and claiming under the Inheritance Act 1975?
Contesting a Will involves seeking a declaration from the court that one or more Wills made by the deceased are invalid. The result of a successful claim is that the estate passes in accordance with an earlier Will or the intestacy rules.
A claim under the Inheritance Act 1975 accepts the deceased’s Will as valid, but asks the court to award financial provision from the estate.
Can the Inheritance Act be used to bring a claim after probate has been granted?
Yes, but there is a time limit of 6 months after the Grant to issue the claim at court. The parties can in some circumstances agree a standstill agreement between themselves to extend this time period.
For example, where there are ongoing negotiations, the time limit may be extended, but the ability to bring a claim out of time remains at the discretion of the court.
Does the Inheritance Act still apply if there is no Will?
Yes, where the intestacy rules fail to make reasonable financial provision for the applicant, the court may award such financial provision as it considers reasonable.
Can the Inheritance Act 1975 affect high-value estates with international assets?
Yes, although the court cannot make an order that awards international assets to the applicant, those assets will be taken into account as being available to the other beneficiaries.
How can I minimise the risk of a claim against my own estate in future?
There are a number of steps that can be taken, such as drafting a personal letter explaining why you have written a Will the way that you have and including a gift in your Will to a potential applicant with a ‘no contest’ provision, which means the gift fails if they bring a claim under the Inheritance Act.
How much does an Inheritance Act claim cost and what are the funding options?
Inheritance disputes can be expensive, and in some cases, the legal costs may exceed the value of the claim itself. To help manage this, we offer a range of flexible funding options tailored to the complexity and circumstances of each case.
These include traditional hourly billing, fixed fees for certain stages of work, and, in appropriate cases, risk-sharing arrangements such as ‘no win no fee’. Our goal is to provide clarity on costs from the outset and help clients make informed decisions without unnecessary financial uncertainty.
Can the Act be used to challenge complex estates that include structures like trusts, businesses or land portfolios?
Yes, although assets in trust may be outside of the deceased’s estate.
If it can be shown that assets in trust will be used to benefit the estate beneficiaries, that is a factor the court can take into account when deciding what provision to award an applicant.
Business and land assets, if in the estate, can be sold or transferred to meet a claim, and courts will often award a right of occupation, particularly if an applicant is already living in a property owned by the deceased.
What are common situations that Act covers?
Every case is different however the most common situations involve either second marriages or disappointed adult children, often from a previous relationship or estranged from their parent, such as in Ilott v The Blue Cross and Others [2017] UKSC 17, where a claim was brought against the estate of Mrs Jackson by her daughter, Mrs Ilott.
Mrs Ilott and her mother had been estranged for the majority of the 26 years preceding Mrs Jackson’s death in 2004. You can read the full case summary here.
Expert guidance from our Inheritance Act Claims Solicitors
Navigating a claim under the Inheritance Act 1975 demands more than just legal knowledge, it requires insight, sensitivity and a strategic approach tailored to your circumstances. Whether you’re considering bringing a claim or seeking to safeguard your estate from future disputes, our experienced Contentious Trusts & Probate team can provide clear, bespoke guidance.
Key Contact
James Wallace
Contentious Trusts & Probate Partner
James is a Partner in the firm and leads the dedicated Contentious Trusts and Probate team. He deals with complex and high value estate and trust disputes, Inheritance Act 1975 claims including those with a cross-border or overseas element.
