Inheritance Act 1975 Claims Solicitors

If you have been left out of a Will, received less than you reasonably need, or depended financially on someone who has died, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Our specialist Contentious Trusts & Probate Team advises claimants, beneficiaries, executors and personal representatives on Inheritance Act claims across England and Wales.

From our offices in Chester, Shrewsbury, Altrincham and the Wirral, we support clients locally and nationally, both in person and remotely. 

We are ranked Tier 1 for Contentious Trusts & Probate in the North West by The Legal 500 and regularly advise on complex and high-value estates involving property, businesses, trusts, family wealth and overseas assets.

Inheritance Act claims are subject to a strict time limit. Proceedings will normally need to be issued within six months of the Grant of Probate or Letters of Administration, so obtaining specialist advice at an early stage is important. 

Speak to an Inheritance Act Claim Solicitor

Who can make an Inheritance Act 1975 Claim?

The Inheritance Act 1975 allows certain people to seek reasonable financial provision from the estate of someone who has died where the Will, or the intestacy rules where there is no Will, have failed to make adequate provision for them. 

The Act generally applies where the person who died was domiciled in England and Wales at the date of their death. Where there are overseas connections, assets or questions about domicile, specialist advice may be required. 

Those who may be able to bring a claim include: 

• The spouse or civil partner of the deceased; 
• A former spouse or civil partner who has not remarried or entered into another civil partnership; 
• A person who was living with the deceased as though they were spouses or civil partners for the two years before death; 
• A child of the deceased; 
• A person who was treated as a child of the deceased; and 
• Any other person who was being maintained by the deceased before their death. 

Eligibility does not automatically mean a claim will succeed. The court will also consider your financial position, the size and nature of the estate, the needs of beneficiaries and the deceased's responsibilities towards you.

For an in depth overview of eligibility, deadlines and what the court considers, read our guide to who can claim under the Inheritance Act 1975 or our wider guide to Inheritance Act claims.

How strong is my Inheritance Act claim?

Every claim is fact-specific. The court considers whether reasonable financial provision has been made and, if not, what provision should be awarded. 

Relevant factors include: 

• Your financial resources and future financial needs; 
• The resources and needs of other applicants; 
• The resources and needs of beneficiaries; 
• Any obligations and responsibilities the deceased had towards you; 
• The size and nature of the estate; 
• Any physical or mental disability; and 
• Any other relevant circumstances, including conduct. 

The strength of a claim can also depend on your relationship with the deceased, financial support they provided during their lifetime, your housing needs and the competing interests of others. 

Our solicitors will assess not only whether you are legally eligible to claim, but also the merits, likely value, costs and commercial realities of pursuing the case.

How much can you claim under the Inheritance Act 1975?

There is no fixed percentage or standard award for an Inheritance Act claim. 

The court has wide discretion and can make orders including: 

• A lump sum payment; 
• Periodical payments; 
• The transfer of property; or 
• Arrangements allowing an applicant to remain in a property for a specified period or for life. 

The outcome will depend on the applicant's circumstances, their relationship with the deceased, the value and nature of the estate and the needs of other beneficiaries.

Spouses and civil partners are subject to a broader test than most other applicants. Other eligible claimants will generally need to establish what reasonable financial provision is required for their maintenance.

Claims by adult children, spouses and unmarried partners

Adult children can make Inheritance Act claims, but simply being disappointed with a parent's Will is not enough. 

The court may consider financial need, housing, health, earning capacity, previous financial support and the nature of the relationship with the deceased. 

Estrangement does not automatically prevent a claim, although the circumstances surrounding the relationship may be relevant. Our article on adult child Inheritance Act claims explains these issues in greater detail. 

Spouses and civil partners may be entitled to broader financial provision, particularly where there are substantial assets, second marriages, blended families or competing beneficiary interests. 

Unmarried partners may also qualify where they lived with the deceased as though they were spouses or civil partners throughout the two years immediately before death.

What is the time limit for an inheritance act claim?

Those wishing to bring an Inheritance Act claim must normally issue proceedings within six months of the Grant of Probate or Letters of Administration. 

In exceptional circumstances, the court may permit a claim outside the six-month period, but permission is discretionary. You should not assume that a late claim will be allowed. 

In some cases, the parties may discuss a standstill agreement while negotiations continue. However, this should not be relied upon without specialist advice and does not remove the need to consider the statutory deadline carefully. 

If the deadline is approaching or has already passed, urgent legal advice should be obtained. 

Approaching the Six-Month Deadline? Speak to Our Team

What happenms during an Inheritance Act claim?

Although every case is different, a claim will commonly involve: 

1. Assessing eligibility, the limitation deadline and the merits of the case. 
2. Gathering information about the Will, estate and relevant financial circumstances. 
3. Considering the position of beneficiaries and any competing applicants. 
4. Correspondence and negotiation between the parties. 
5. Mediation or other settlement discussions where appropriate. 
6. Court proceedings if an agreement cannot be reached. 

Many Inheritance Act claims settle without a final court hearing. We will consider negotiation and mediation where they offer a sensible route to resolution while remaining prepared to pursue or defend court proceedings where necessary.

Inheritance Act claims vs contesting a will

An Inheritance Act claim usually accepts that the Will itself is valid but argues that it has failed to make reasonable financial provision for an eligible person. 

Contesting a Will is different. It involves challenging whether the Will should be treated as legally valid and can involve issues such as testamentary capacity, undue influence, fraud or improper execution. 

If you believe there may be grounds to challenge the Will itself, our Contentious Trusts & Probate lawyers also advise on contesting a Will. 

Where the dispute instead concerns the actions of an executor or problems with the administration of the estate, in addition, we can advise on estate administration disputes.

Defending an Inheritance Act claim

We can advise executors, personal representatives and beneficiaries facing an Inheritance Act claim. 

Where an executor is not also a beneficiary, they will generally be expected to remain neutral. Personal representatives should also take particular care before distributing assets while a claim is threatened or ongoing. 

A beneficiary whose inheritance may be affected can choose whether to take an active role in defending the claim or remain neutral. Different approaches can have different costs and strategic implications. 

We can advise on the merits of the claim, settlement strategy, estate administration and potential costs exposure.

What does an Inheritance Act claim cost?

The cost of resolving an inheritance dispute can be substantial and should be considered against the value and merits of the claim from the outset. 

Costs will depend on factors including the complexity of the estate, the evidence required, the position taken by the other parties and whether the dispute can be settled or requires court proceedings. 

To help clients manage costs, we offer different funding arrangements, including traditional hourly rates and fixed fees in appropriate circumstances. 

Read more about our Contentious Trusts & Probate funding options.

Why chose Aaron & Partners?

Our Contentious Trusts & Probate team is ranked Tier 1 for Contentious Trusts & Probate in the North West by The Legal 500. 

We regularly advise on: 

• High-value and complex estates; 
• Inheritance Act 1975 claims; 
• Estates involving businesses, property and trusts; 
• Estates containing overseas or cross-border assets; 
• Adult child and cohabitee claims; 
• Claims involving spouses and civil partners; and 
• Claims involving executors, beneficiaries and personal representatives. 

Our experience includes advising on multimillion-pound estates involving overseas and company assets and disputes involving complex competing family interests. 

The team, led by James Wallace, takes a partner-led approach and considers the most effective route to resolution, rather than treating litigation as the default.

Inheritance Act claims solicitors across England and Wales

We advise clients on Inheritance Act 1975 claims throughout England and Wales. You do not need to live close to one of our offices to instruct us, and we can work with clients in person, by telephone and remotely. 

Our offices are located in: 

• Chester – Grosvenor Court, Foregate Street, Chester, Cheshire, CH1 1HG. 
• Shrewsbury – Lakeside House, Oxon Business Park, Shrewsbury, SY3 5HJ. 
• Altrincham – Apex, 33 Victoria Street, Altrincham, WA14 1AU. 
• Wirral – Egerton House, 2 Tower Road, Birkenhead, CH41 1FN. 

You can also view details for all our office locations here. 

Wherever you are based in England and Wales, our team can assess the merits of your claim, advise on the relevant time limits and explain the most appropriate route to resolution. 

Frequently Asked Questions About Inheritance Act 1975 Claims 

Can I claim if I have been left out of a Will? 

Potentially. If you fall within one of the categories protected by the Inheritance Act and the estate has failed to make reasonable financial provision for you, you may be able to bring a claim. 

Can I make a claim if there was no Will? 

Yes. An Inheritance Act claim can also arise where someone dies without a Will and the intestacy rules fail to make reasonable financial provision for an eligible person. 

Can an adult child make an Inheritance Act claim? 

Yes. Adult children are eligible to claim, although the court will consider their financial circumstances, needs, relationship with the deceased and the wider circumstances of the estate. 

Can an unmarried partner make an Inheritance Act claim? 

Potentially. A partner may qualify where they lived with the deceased as though they were spouses or civil partners throughout the two years immediately before death. 

Do Inheritance Act claims always go to court? 

No. Many claims are resolved through negotiation or mediation. Court proceedings may still need to be issued to protect a claimant's position or where settlement cannot be reached. 

Can executors distribute an estate if an Inheritance Act claim is possible? 

Executors should take care before distributing estate assets where an Inheritance Act claim has been threatened or may still be brought. Early advice can help personal representatives determine whether distribution should be delayed and what steps should be taken to protect the estate. 

How long do I have to make an Inheritance Act claim? 

Proceedings normally need to be issued within six months of the Grant of Probate or Letters of Administration. If the deadline is approaching or has passed, specialist advice should be sought urgently.

Contact Our Inheritance Act claims solicitors