Inheritance Act Solicitors

In England and Wales, a will does not guarantee that those who depended on the deceased are adequately provided for. The Inheritance Act gives them a remedy — but the deadline is 6 months from the grant of probate.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of person to apply to the court for reasonable financial provision from an estate where the will — or the intestacy rules — fails to make adequate provision for them. The application must be made within 6 months of the grant of probate. A solicitor will assess whether you qualify, how strong the claim is, and negotiate with the estate before proceedings are necessary.

Spouses & civil partners Cohabiting partners Adult & minor children Free initial consultation

Who Can Claim & What the Court Considers

Inheritance Act claims — eligibility, the test the court applies, and what provision you can seek.

Not everyone left out of a will has a claim. Eligibility is defined by statute. A solicitor will confirm whether you are eligible and, if so, assess the realistic level of provision the court is likely to award.

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Eligible applicants

The following categories of person can apply under the 1975 Act: the spouse or civil partner of the deceased; a former spouse or civil partner who has not remarried or formed a new civil partnership; a person who was living as the deceased's partner in the same household as husband and wife (or civil partners) for at least two years immediately before the death; a child of the deceased (including adult children and children of any relationship); a person treated as a child of the family; and any person who was being maintained by the deceased immediately before the death. A solicitor will confirm which category applies to your situation.

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The standard: reasonable financial provision

The court must be satisfied that the will (or intestacy) fails to make "reasonable financial provision" for the applicant. For a surviving spouse or civil partner, the standard is whatever is reasonable in the circumstances — not merely what is needed for maintenance. For all other applicants, the standard is what is reasonable for maintenance. The distinction matters significantly to the value of the award — a spouse can claim a share of the estate beyond bare maintenance needs. A solicitor will advise on the applicable standard and the realistic level of award for your category of claim.

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What the court takes into account

The court applies a checklist of factors — the applicant's financial resources and needs, the financial resources and needs of the beneficiaries, any obligation the deceased had towards the applicant, the size and nature of the estate, any disability of the applicant, and the conduct of all parties. For a cohabiting partner, the court also considers the length of the relationship and the contribution the applicant made to the household. A solicitor will build the evidence needed to address each factor positively — and identify what the beneficiaries' competing interests are likely to be.

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Adult children claims

Adult children face a higher bar than a surviving spouse — the standard is maintenance, not a general share of the estate. The court will consider the adult child's current financial need, whether the deceased made gifts or provision during their lifetime, and the reasons why the testator chose to exclude them. A moral obligation towards the adult child — for example where the deceased benefited financially from the child's care or support — can strengthen the claim. A solicitor will advise honestly on the realistic prospects for an adult child's claim before proceedings are issued.

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Cohabiting partner claims

A cohabiting partner who lived with the deceased for at least two years in the same household as husband and wife is eligible — but the relationship must have been immediately before the death. A cohabiting partner who separated from the deceased before death — even briefly — may not qualify. The court assesses the nature and length of the relationship, the contribution made by the applicant, and their financial need. A solicitor will assess eligibility carefully — including the two-year cohabitation requirement — and advise on the realistic level of provision available.

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The 6-month deadline and applications out of time

An application under the 1975 Act must be made within 6 months of the grant of probate. The court has discretion to allow a late application — but exercises it cautiously and only where there is a good reason for the delay. Where the estate has been distributed before the application, the court can only make an order against assets still in the hands of the estate. A solicitor will confirm the grant date, check the deadline, and issue proceedings promptly where the time limit is approaching — not after the estate is distributed.

How It Works

Most Inheritance Act claims settle without a trial — but the deadline to issue proceedings is fixed.

A solicitor will confirm the grant date, assess the claim, negotiate with the executor, and issue proceedings within the 6-month deadline if settlement is not reached.

Submit Your Request
1

Tell us about the estate and your situation

Describe your relationship with the deceased, what the will provides (or does not), and the date of the grant of probate.

2

Solicitor assesses eligibility and strength

An Inheritance Act specialist confirms whether you are eligible and gives an honest view of the realistic provision the court would award.

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Free initial consultation

You receive clear advice on the claim — eligibility, strength, and realistic outcome — at no cost and no obligation.

Act Before 6 Months From the Grant

The person who depended on the deceased for their financial security should not be left without provision because of how a will was written.

Find out if you have an Inheritance Act claim — and how much provision the court is likely to award — before the deadline passes.

Assess My Inheritance Claim

Common Questions

Inheritance Act claims — what people ask us.

My partner and I were not married and I have been left nothing. Can I claim?

Yes — if you lived with the deceased as husband and wife (or civil partners) in the same household for at least two years immediately before the death, you are eligible to apply under the Inheritance (Provision for Family and Dependants) Act 1975. The standard is what is reasonable for your maintenance — assessed against your financial needs, the size of the estate, and what the beneficiaries under the will require. A solicitor will confirm whether the two-year cohabitation requirement is met and assess the realistic level of provision available to you.

I am an adult child who was left out of my parent's will. Do I have a claim?

You may — but adult children face a higher threshold than spouses or minor children. The standard is what is reasonable for your maintenance, not a general entitlement to inherit. The court will consider your current financial position, whether you have a genuine financial need, and whether there was a moral obligation on the deceased's part. An adult child who is financially independent and has no particular need may struggle to succeed. A solicitor will give an honest assessment of the realistic prospects before you commit to proceedings.

The estate has already been distributed. Can I still claim?

An application can still be made — but the practical options are more limited. Once assets have been distributed to beneficiaries, the court can only order provision from assets that remain in the estate. Where the estate is wholly distributed, the court may be able to order a beneficiary to contribute — but this is harder and more expensive to enforce. The sooner you take advice, the more options remain available. A solicitor will act promptly to preserve whatever position the estate's current state allows.

What orders can the court make under the Inheritance Act?

The court has wide powers — it can order a lump sum payment from the estate, a periodical payments order, a transfer of a specific property, a settlement of property, or an acquisition of property to be settled on the applicant. The most common orders are a lump sum or a transfer of property. Where a surviving cohabiting partner is in the family home — which is part of the estate — the court can order that the property be transferred to them or that they have the right to remain there. A solicitor will advise on the appropriate form of relief for your specific situation.

I am also contesting the validity of the will. Can I do both?

Yes — a claim that the will is invalid (lack of capacity, undue influence, fraud) and an Inheritance Act claim (that the valid will fails to make reasonable provision) can run in parallel. This is common where the will is suspicious but the evidence for invalidity is not conclusive — maintaining both claims ensures that whatever the outcome of the validity challenge, a provision claim can still succeed. A solicitor will advise on how to run both claims in the most cost-effective and strategically sound way.

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