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.
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.
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.
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.
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.
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.
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.
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.