What is Reasonable Financial Provision Under the Inheritance Act 1975?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Do You Have a Potential Claim?

If you have not been sufficiently provided for after a loved one has died, you may be wondering what counts as reasonable financial provision under the Inheritance Act. This is the standard the court uses when deciding whether someone should receive more from an estate – even if they were excluded from the will.

The deceased’s will, or the rules of intestacy if there is no will, normally determine how an estate is distributed. However, if the outcome leaves you without the financial support you reasonably need, the Inheritance Act 1975 may allow you to claim additional provision.

What the Inheritance Act Allows You to Claim

The Inheritance Act enables certain people connected to the deceased to apply to the court if they believe the estate has not made reasonable provision for their maintenance. This includes spouses, civil partners, cohabiting partners, children, and those who were financially dependent on the deceased.

The key question the court asks is whether the will (or intestacy rules) leaves you with enough to meet your ongoing needs.

What “Reasonable Financial Provision” Means

Reasonable financial provision refers to the amount of money, property, or support a person should have received from the estate to meet their needs. The definition depends on your relationship with the deceased:

Spouses and civil partners are assessed against what would be fair in a divorce settlement, which can include lifestyle maintenance and shared assets.
All other claimants are assessed on what is reasonably necessary for their maintenance — typically covering essential living costs such as housing, food, utilities, transport, and sometimes education or healthcare.

Claims must usually be brought within six months of the grant of probate.

Also check our easy guide on How to Claim Under the Inheritance Act.

How Courts Decide What Is “Reasonable”

There is no fixed formula. Courts assess each case individually, considering factors such as:

Your current and future financial needs and resources
Any obligations the deceased had towards you
The size and nature of the estate
Competing claims from other beneficiaries
Any physical or mental disabilities you have
Your contributions to the deceased’s welfare or finances
The overall fairness of the outcome

For spouses and civil partners, the standard is generally higher because the court considers what would have been fair in a divorce.

Examples of Reasonable Financial Provision

Situation	Likely Provision
Adult child estranged and financially independent	Low likelihood unless special circumstances
Cohabitee who shared home and bills for 10 years	Possible housing provision or income support
Minor child of the deceased	Strong case for maintenance, education, and housing
Widow excluded from the will	May receive a substantial share of the estate

Each case is unique and depends on needs, contributions, and the estate’s value.

Checklist: Do You Have a Potential Claim?

You may have grounds to claim reasonable financial provision if:

You fall into an eligible category
You relied on the deceased financially
The will or intestacy rules do not meet your needs
The estate has sufficient value
You are within the six‑month time limit
You can demonstrate your financial needs clearly

FAQs on What is Reasonable Provision Under the Inheritance Act 1975

Can adult children make a claim? Yes, especially if they were financially dependent or face hardship.

What does “maintenance” include? Essential living costs such as housing, food, utilities, transport, and sometimes education or healthcare.

Can I claim if I was excluded from the will? Yes, if you meet the eligibility criteria and can show the will does not provide reasonable financial provision.

Do I need a solicitor? While not legally required, specialist advice significantly improves your chances, especially in complex or contested estates.

Get Expert Advice Today

Claims for reasonable financial provision can be complex, but many are resolved through negotiation or mediation without a full trial. Acting quickly is essential due to the strict time limits.

If you believe you have been unfairly excluded or inadequately provided for, our team at Jefferies Claims can help you understand your options and guide you through the process.

We partner with experienced probate lawyers who also offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

📞 0333 358 3034 📝 Complete our online contact form for a free, no‑obligation consultation.