Inheritance Act Claims — Who Can Make One and How

An Inheritance Act claim under the Inheritance (Provision for Family and Dependants) Act 1975 is the primary legal mechanism for challenging the financial outcome of a deceased person’s estate — whether under a will or under the intestacy rules — where the distribution fails to make reasonable financial provision for certain close relatives and dependants. The 1975 Act does not invalidate the will or the intestacy rules; instead, it gives the court power to override them and direct that part of the estate be applied for the benefit of a qualifying applicant. It is one of the few ways in which an individual can mount a legal challenge to what someone chose to do with their own estate.

The Act is frequently misunderstood. It does not entitle every unhappy relative to a share of the estate; it applies only to a defined and limited category of people, and it requires the applicant to prove that the distribution of the estate fails to make reasonable financial provision for them in all the circumstances. The court has a wide discretion in what it awards, and a successful claim does not guarantee any particular outcome — only that the court will re-examine the distribution and make such order as it thinks fit.

This guide explains who can make a 1975 Act claim, what the courts consider, the procedure involved, and what orders the court can make. For related guidance on the grounds for challenging the validity of a will itself, see our contested wills guide. For how these claims interact with the estate administration process, see our estate administration guide.

Who Has Standing to Make an Inheritance Act Claim?

Section 1(1) of the Inheritance (Provision for Family and Dependants) Act 1975 sets out the six categories of person who may apply:

• A spouse or civil partner of the deceased — the highest-priority category, entitled to the matrimonial standard of provision.
• A former spouse or civil partner who has not remarried or entered a new civil partnership — entitled to the maintenance standard only.
• A cohabiting partner who was living with the deceased in the same household as their spouse or civil partner for the whole of the two years immediately before the death — entitled to the maintenance standard.
• A child of the deceased — including adult children, who must show that reasonable provision has not been made for them.
• A child of the family — any person who was treated by the deceased as a child of the family in relation to a marriage or civil partnership. This includes stepchildren who were not formally adopted.
• A person who was being maintained by the deceased immediately before the death — this requires proof that the deceased was making a substantial contribution to the applicant’s reasonable needs, otherwise than for full valuable consideration.

HMRC and the courts confirm the standing requirements on the GOV.UK wills and probate pages. Anyone outside these categories — including siblings, nieces, nephews, friends, and neighbours — has no standing to bring a claim however close their relationship with the deceased.

Reasonable Financial Provision: Different Standards for Different Claimants

The 1975 Act distinguishes between two standards of provision. For a surviving spouse or civil partner, the court must consider what is reasonable in all the circumstances of the case, and this is assessed by reference to the same principles used in divorce financial proceedings — potentially a very generous outcome. For all other applicants (former spouses, cohabiting partners, children, children of the family, and dependants), the court assesses only what is reasonable for their maintenance. This is a lower standard, focused on providing enough to meet the applicant’s day-to-day financial needs rather than an equal share of the matrimonial acquest.

The distinction matters enormously in practice. A surviving spouse who receives nothing under a will may be awarded a substantial capital sum and an interest in the family home, because the standard is what the parties would have received in a divorce. An adult child of a wealthy deceased who was left out of the will is likely to receive a more modest award focused on their genuine maintenance needs, particularly if they are financially independent.

The Statutory Factors: What the Court Considers

Section 3 of the 1975 Act sets out the factors the court must consider when determining an Inheritance Act claim. These are applied both when deciding whether the will or intestacy rules have failed to make reasonable provision and when deciding what order to make if they have. The key factors are:

• The financial resources and needs of the applicant, both present and foreseeable.
• The financial resources and needs of any other applicant and of any beneficiary under the estate.
• Any obligations and responsibilities the deceased had towards the applicant and towards the beneficiaries.
• The size and nature of the net estate.
• Any physical or mental disability of the applicant or any beneficiary.
• Any other matter the court considers relevant, including the conduct of the applicant and the circumstances in which the applicant comes to be a dependant of the deceased.

For spouses, the court must also have regard to the applicant’s age, the duration of the marriage, and the contribution made to the welfare of the family by the applicant. For children of the family, the court considers the extent to which the deceased assumed responsibility for the applicant’s maintenance and whether any other person was responsible for their maintenance.

How to Make a 1975 Act Claim: The Procedure

A claim under the 1975 Act is made by issuing a claim form in the High Court (Chancery Division) or the county court. The claim must be brought against the personal representatives of the estate — the executors or administrators — and any beneficiary who would be affected by the order sought. Before issuing proceedings, applicants are expected to send a letter of claim setting out the basis of the claim and inviting settlement, in accordance with the Pre-Action Protocol for Inheritance and Trusts Disputes.

Most 1975 Act claims settle without a full court hearing, often through a mediated negotiation. Where settlement is not possible, the court will list the matter for a final hearing at which it will consider witness statements, financial disclosure from both sides, and sometimes expert evidence on matters such as property values or the deceased’s testamentary intentions. See our intestacy guide for context on how the estate would otherwise be distributed.

The Orders the Court Can Make

Under s.2 of the 1975 Act, the court has wide powers to direct how the estate is to be applied for the benefit of a successful applicant. Available orders include: periodic payments for maintenance; a lump sum payment; a transfer or settlement of specific property; an acquisition of property for settlement on the applicant; and a variation of ante-nuptial or post-nuptial settlements. The court can also make interim orders where the applicant has an immediate maintenance need that cannot wait until the final hearing. The order is charged against the net estate after payment of debts and administration expenses, and it reduces what is available to the other beneficiaries proportionately.

Written by Simon Jenkins, SRA 167489, Solicitor at Curtis Legal Limited (SRA 450129). For advice on an Inheritance Act claim or defending one, call freephone 0800 214 216 or request a same-day callback.