Who Can Bring an Inheritance Act Claim?
The following classes of person can apply to the court under s.1 Inheritance (Provision for Family and Dependants) Act 1975:
What the Court Considers
The court has a wide discretion in Inheritance Act claims. The factors it considers include (s.3 IA 1975):
- The financial resources and financial needs of the claimant and other beneficiaries, now and in the foreseeable future
- The size of the estate and the likely needs of other beneficiaries and dependants
- Any disability of the claimant
- The age of the claimant and the duration of the relationship with the deceased
- Contributions made by the claimant to the welfare of the family of the deceased, including looking after the home or caring for the family
- The conduct of the claimant and any other person — including the deceased — relevant to the claim
Interim orders are available — a court can order that payments be made from the estate before the final hearing to meet urgent financial needs. A solicitor applies for an interim order where the claimant is in immediate financial hardship.
Frequently Asked Questions
I am an adult child who was cut out of the will — do I have a claim?
Possibly. Adult children can bring Inheritance Act claims, but the court looks carefully at the reasons for the exclusion and the claimant's financial need. A deliberate, documented decision to exclude an adult child who is financially self-sufficient is difficult to challenge. However, an adult child with significant financial need, a disability, or a lifelong dependency on the deceased may have a strong claim. A solicitor assesses the merits of your claim honestly at the outset.
Can I make an Inheritance Act claim if I cohabited with the deceased?
Yes — if you were living in the same household as the deceased as their spouse or civil partner throughout the 2 years immediately before the death. "Throughout" is interpreted strictly — a period of separation during the 2 years may disqualify you. The maintenance standard applies: the court makes an award to cover your reasonable maintenance needs, not to give you the same position as a surviving spouse. A solicitor advises on whether your cohabitation satisfies the 2-year requirement.
What orders can the court make in an Inheritance Act claim?
The court can make a wide range of orders under s.2 IA 1975: periodical payments (an income from the estate); a lump sum payment; a transfer of specific property from the estate; a settlement of property for the claimant; an acquisition of property for the claimant; and the variation of any ante- or post-nuptial settlement. Periodical payments are rare in practice — most orders are lump sum or property transfers.
Is there a financial needs test for Inheritance Act claims?
For most claimants (other than surviving spouses and civil partners), the standard of provision is "reasonable financial provision for their maintenance" — this means provision to meet their reasonable living costs and welfare needs, not to enrich them. The court assesses the claimant's financial needs and resources alongside the needs of other beneficiaries and the size of the estate. A large claim from a wealthy claimant against a modest estate will rarely succeed.
Can the estate be distributed before my claim is decided?
Personal representatives who distribute the estate after receiving notice of an Inheritance Act claim may be personally liable to the claimant for any amount they cannot then recover from the beneficiaries. A solicitor writes to the executors immediately putting them on notice of the claim, requiring them to hold the estate pending resolution. An injunction can be obtained if the executors proceed regardless.