Six Month Deadline for Inheritance Act Claims

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.

No Win No Fee to Dispute a Will

If you haven’t been adequately provided for in a loved one’s will, you can challenge it but be aware there’s a six month deadline for Inheritance Act claims. Many people only discover after a loved one’s death that they’ve been left out of a will or received far less than expected. Contesting a will may seem daunting as the legal process seems too complex and emotionally stressful.

However, there’s a legal route to challenge a will if you need to secure reasonable financial provision through the Inheritance (Provision for Family and Dependants) Act 1975. But there’s a crucial catch: the time limits are strict, so it’s advisable to act quickly.

 

If you want to contest a will, contact our team for a free consultation today. We partner with experienced contentious probate solicitors who also offer a No Win No Fee option.

What Is the Inheritance (Provision for Family and Dependants) Act 1975?

The Inheritance Act 1975 is legislation that allows certain people to apply to the court for financial provision from a deceased person’s estate if the will (or the intestacy rules) fails to provide for them reasonably.

The goal is to stop dependants or close family members from being left in financial hardship just because a will is outdated, unfair, or doesn’t reflect the reality of relationships.

If you believe the will leaves you without the support you need, the Act may give you the right to claim.

Strict Time Limits: How Long Do You Have to Make an Inheritance Act Claim?

This is one of the most important parts of the process.

You have only 6 months from the date of the Grant of Probate.

To bring a claim under the Inheritance Act, you must apply within six months from the date the Grant of Probate (or Grant of Letters of Administration) is issued.

This is not six months from the date of death – many people make this mistake. It is six months from when probate is formally granted, which may even be months after the death.

Why is this time limit so strict?

The court wants estates to be wound up efficiently. Delays cause complications, especially if assets have already been distributed to beneficiaries.

What if the 6-month deadline has passed?

It is possible to apply for permission to bring a claim outside the time limit, but the courts only allow it in limited circumstances. You must show:

• Strong reasons for the delay
• That the estate has not been fully distributed
• That you have a case with merit

The longer you wait, the harder it becomes. That’s why acting quickly and getting early legal advice is so vital.

Who Can Claim Under the Inheritance Act 1975?

Not everyone is allowed to challenge a will under this Act. The law restricts claims to certain categories of people who had a close connection to, or dependency on, the deceased.

Here’s who can apply:

1. Spouses or civil partners

A surviving spouse or civil partner can claim if they have not been left reasonable financial provision, including what they would have expected during the relationship.

2. Former spouses or former civil partners

But only if they have not remarried. Financial support may still be due from the estate.

3. Cohabiting partners (living together for at least 2 years)

If you lived as a couple in a marriage-like relationship for two years before the death, you can claim—even if there was no will and no marriage.

4. Children (including adult children)

This includes:

• Biological children
• Adopted children
• Adult children
• Children of any age who were financially dependent on the deceased

5. Individuals treated as children of the family

This covers stepchildren and others who were brought up as part of the family unit.

6. Anyone being maintained financially by the deceased

This includes friends, partners, relatives or even lodgers if they were financially dependent on the deceased. This category is wide and can apply in many real-life scenarios.

If you fall into any of these categories, and the will leaves you without adequate support, you may have a valid claim.

What Counts as “Reasonable Financial Provision”?

The Act doesn’t guarantee equal inheritance. Instead, the court considers what is reasonable for your circumstances.

The court will also consider the deceased’s intentions. For example, if they left a letter explaining their decisions, the court may review it.

Key Reasons People Contest a Will Under the Inheritance Act

Here are the most common scenarios that lead to successful claims:

1. Being cut out of the will unexpectedly

Sometimes wills are outdated, written in anger, or drafted without understanding their consequences.

2. Being left too little to live on

This often affects partners, spouses, or dependants who shared a household with the deceased.

3. A cohabiting partner to prove relationship

Even after decades together, unmarried partners are not automatically entitled to inheritance without a will. To claim under the Inheritance Act, you must have lived together for at least two years immediately before death. You also need to show the relationship was akin to a civil partnership/marriage.

4. Dependants lose essential financial support

If someone relied on the deceased financially, the law aims to prevent hardship.

If any of these apply to you, you may have a strong case.

How to Start an Inheritance Act Claim Quickly

Because of the strict deadlines, time is of the essence. Here are your next steps:

1. Act immediately when probate is issued

Find out the official date of the Grant of Probate so your six-month clock starts.

2. Gather financial documents

Income, expenses, bank statements, housing costs—all help show your financial needs.

3. Get a copy of the will

You can request it once probate is granted.

4. Seek specialist legal advice

Inheritance Act cases are complex, and courts expect detailed evidence.

5. Consider mediation first

Many claims settle out of court, saving time and costs.

Can You Protect the Estate While You Make a Claim?

Yes. If you fear the estate may be distributed before you can file your claim, a solicitor can request:

• A caveat to stop administration
• An undertaking from executors to pause distribution
• Urgent interim relief in rare cases

Again, the faster you act, the more protections are available.

Don’t Hesitate to Get Started

The biggest mistake people make is waiting too long, assuming they have plenty of time.

But with the 6-month deadline, hesitation can cost you your entire claim.

If you believe you haven’t received reasonable financial provision, taking early action is the best way to protect your future.

Contact our Team Now

The Inheritance Act 1975 exists to prevent unfair financial hardship after someone’s death. Whether you’re a spouse, partner, child, or dependant, you may be able to claim if the will (or intestacy) leaves you without the support you need.

Our partner panel offer 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 at 0330 818 0349 for a free no-obligation chat or visit our Contact Us Page.