Inheritance Act Claims Solicitors
Disputes about inheritance can be emotionally difficult, especially when someone feels they’ve been left without the financial support they reasonably expected. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to challenge an estate if they believe the will - or the rules of intestacy - fail to make reasonable financial provision for them.
We help clients bring and defend Inheritance Act claims with clear, practical advice and a focus on achieving fair, workable outcomes.
What Is an Inheritance Act Claim?
An Inheritance Act claim isn’t about arguing that a will is invalid. Instead, it’s about whether the will (or intestacy rules) provides reasonable financial provision for someone who should have been looked after.
The court looks at things like the claimant’s needs and resources, the size of the estate, the nature of the relationships involved, and what would be fair in all the circumstances.
Who Can Bring a Claim?
Only certain people are eligible to bring a claim under the 1975 Act. These include:
- Spouses and civil partners - They are entitled to a higher standard of provision - broadly similar to what they might expect on divorce.
- Former spouses or civil partners - Provided they have not remarried and depending on the terms of any financial settlement.
- Cohabiting partners - Someone who lived with the deceased for at least two years immediately before their death as if they were spouses.
- Children - This includes adult children, who may claim if they can show a financial need or dependency.
- Stepchildren or anyone treated as a child of the family - Even without a biological link, if the deceased took on a parental role.
- Dependants - Anyone who was being financially maintained by the deceased immediately before their death.
We act for claimants seeking provision and for estates defending claims.
Grounds for Bringing a Claim
The Act focuses on need, not fairness in a moral sense. Common reasons for bringing a claim include:
- Being left out of the will entirely
- Receiving a smaller share than expected
- Financial dependency on the deceased
- A sudden change in the will shortly before death
- A breakdown in family relationships that left someone without support
- A cohabiting partner not being recognised under intestacy rules
The court considers factors such as the claimant’s financial position, the size of the estate, the needs of other beneficiaries, and any obligations the deceased had during their lifetime.
Time Limits for Bringing a Claim
Inheritance Act claims must usually be brought within six months of the grant of probate (or grant of letters of administration).
After six months, claims can still be made - but only with the court’s permission, which is not guaranteed. Acting quickly is important, especially if the estate is already being distributed.
We can help you check whether a grant has been issued and advise on urgent steps if the deadline is approaching.
How an Inheritance Act Claim Works
Early Assessment
We start by reviewing your financial needs, the estate’s value, and the circumstances surrounding the will or intestacy. This helps us assess the strength of your claim from the outset.
Negotiation and Mediation
Most claims settle without going to court. Mediation is common and often encouraged, offering a quicker and more cost-effective route to resolution.
Court Proceedings
If settlement isn’t possible, we can issue or defend proceedings. The court has wide discretion to award lump sums, property, maintenance, or other forms of provision depending on the circumstances.
What If Probate Has Already Been Granted?
You can still bring an Inheritance Act claim after probate has been granted - provided you are within the six-month limitation period. If the estate is already being distributed, urgent steps may be needed to protect your position.
If the deadline has passed, we can advise on whether an application for permission to bring a late claim is realistic.
Costs and Funding
We offer several funding options depending on the nature of the claim:
- Pay-as-you-go with clear, transparent billing
- No win, no fee arrangements in suitable cases
- Disbursement funding to help cover upfront costs
- Deferred fees, in some cases, allowing costs to be paid at the end of the matter
Costs in Inheritance Act claims can sometimes be paid from the estate - but this is not automatic. We will always explain the likely cost consequences at the outset
Speak to Our Team
If you believe you haven’t been left reasonable financial provision - or you need to defend an estate from a claim - our specialist team can help you understand your options and take the next step with confidence.