How to Claim Under the Inheritance Act

A Step-by-Step Guide

If you’ve been unfairly left out of a will or believe you haven’t received reasonable financial provision, here is our easy guide on how to claim under the Inheritance Act.

Our team at Jefferies Claims works closely with contentious probate solicitors who can support you through the process.

For a free consultation, give our team a call today.

What the Inheritance Act Allows You to Do

The Inheritance (Provision for Family and Dependants) Act 1975 gives certain people the right to ask the court for reasonable financial provision from an estate. However, this is not the same as challenging the validity of a will. Instead, it focuses on whether the will (or intestacy rules) has left you with enough to meet your needs.

A successful claim can result in:

• A lump‑sum payment
• Regular maintenance
• Transfer of property
• Adjustment of how the estate is distributed

Before you begin, it’s essential to understand the process and the deadlines involved.

The Six‑Month Deadline: Why Acting Quickly Matters

You normally have six months from the date probate is granted to issue an Inheritance Act claim. However, missing this deadline can make your case much harder, as late claims require special permission from the court.

To avoid problems:

• Check whether probate has been granted
• Record the deadline
• Seek legal advice immediately

Late claims can be allowed in exceptional circumstances, but the court rarely grants permission unless there is a strong justification

Step 1: Confirm You Are Eligible

Only certain categories of people can claim under the Act. These include spouses, civil partners, cohabiting partners, children, stepchildren, and those financially maintained by the deceased. (For a full breakdown, see our separate guide: Who Can Claim Under the Inheritance Act?)

Step 2: Understand What “Reasonable Financial Provision” Means

The court assesses what is reasonable based on your relationship to the deceased:

• Spouses/civil partners may be entitled to provision similar to a divorce settlement.
• Other eligible claimants must show what they reasonably need for maintenance.

This assessment influences the strength and value of your claim.

Step 3: Gather Key Documents

To begin the process, you will need:

• A copy of the will (if there is one)
• Probate details
• Basic information about the estate
• Evidence of your financial circumstances
• Any documents showing your relationship with the deceased

Your solicitor will help identify what is relevant and how to present it effectively.

Step 4: Send a Letter of Claim

Before court proceedings begin, your solicitor will send a formal Letter of Claim to the executors and beneficiaries. This outlines:

• Your eligibility
• Why you believe reasonable provision has not been made
• The financial support you are seeking
• The evidence supporting your position

This often leads to negotiation before court action is needed.

Step 5: Consider Mediation or Negotiation

Most Inheritance Act claims settle without going to trial. Therefore, mediation is encouraged because it:

• Reduces stress
• Saves time
• Keeps legal costs lower
• Allows more flexible outcomes

Courts may penalise a party who refuses to mediate without good reason, so it is an important part of the process.

Step 6: Issue Court Proceedings (If Necessary)

If settlement isn’t reached, your solicitor may issue proceedings before the six‑month deadline expires. So, the court will then consider:

• Your financial needs
• The size of the estate
• Competing claims
• Any obligations owed to you
• Your health, age, and earning capacity

The court has wide discretion to award lump sums, property transfers, or ongoing maintenance.

Step 7: Reach Settlement or Attend a Final Hearing

Most cases settle during the court timetable. If not, a judge will make a final decision based on the evidence.

Practical Tips for a Stronger Claim

• Act quickly to avoid missing the deadline
• Keep financial records organised
• Avoid direct conflict with beneficiaries
• Be realistic about what the court may award
• Seek specialist advice early

How Can We Help?

Starting and Inheritance Act claim can be emotionally and legally challenging. However, if you’re a spouse, child or dependant, our team at Jefferies Claims can guide you through every step of your claim.

By acting quickly, gathering the right evidence and getting expert legal advice, you can improve your chances of a successful claim. It’s important to get good legal advice early on. Our panel of experienced probate firms are here to help you during this difficult time, offering a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

📞 Call us: 0333 358 3034
📧 Email us: info@jefferiesclaims.co.uk
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