Can a Caregiver Make an Inheritance Act Claim?

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.

Dependency Claims Explained

Can a caregiver make an Inheritance Act claim is a question that arises more often than many expect. Caregivers frequently devote years of unpaid or low‑paid support to vulnerable individuals, only to discover after death that the will leaves them nothing. In other cases, the deceased may die intestate.

In such a situation, the statutory rules provide no recognition of the caregiver’s contribution. The law in England and Wales does not automatically reward caregiving with inheritance rights. However, the Inheritance Act can offer a route to financial provision in specific circumstances.

Are Caregivers Dependants?

The Inheritance Act allows certain categories of people to claim “reasonable financial provision” from an estate if the will or intestacy rules fail to provide it. Caregivers are not listed as a standalone category. However, many caregivers fall within the Inheritance Act because they meet the legal definition of a dependant.

Therefore, the key question is whether the caregiver can show that the deceased was maintaining them, or that they were being supported in a way that created financial dependence.

A caregiver does not need to be a family member. They do not need to live with the deceased. They do not need to have a formal employment contract. What matters is whether the deceased provided financial support that went beyond casual generosity.

When Does a Caregiver Qualifies as a “Dependant”?

A caregiver may qualify under the Act if, immediately before the death, they were being “maintained, either wholly or partly, by the deceased.” This is the gateway through which most caregiver claims are made.

To satisfy this test, the caregiver must be able to prove that:

• The deceased made a substantial contribution to their needs; and
• That contribution was ongoing and regular; and
• The support was more than trivial or incidental.

The support does not need to be financial in the strict sense. It can include:

• Free accommodation
• Payment of bills
• Provision of food
• Covering transport costs
• Allowing the caregiver to live rent‑free in exchange for care
• Paying for the caregiver’s personal expenses
• Providing regular cash gifts that functioned as income

The courts look at the reality of the relationship, not its label. If the deceased’s support allowed the caregiver to meet their basic needs, the caregiver may be treated as a dependant – even if the arrangement was informal.

When Does a Caregiver Does Not Qualify as a Dependant?

A caregiver who received only payment for services, such as hourly wages or agency fees, will not generally qualify. Paid employment does not create dependency. The Act is not designed to compensate caregivers for unpaid labour unless that labour formed part of a relationship of mutual dependence.

Similarly, a caregiver who provided support without receiving any financial benefit from the deceased will not qualify. The Act focuses on the caregiver’s dependence on the deceased, not the deceased’s dependence on the caregiver.

Live‑in Caregivers and Dependency Claims

Live‑in caregivers often have the strongest claims because their living arrangements frequently included some form of financial support. For example:

• A caregiver who lived rent‑free in the deceased’s home
• A caregiver whose food, utilities, and daily expenses were covered
• A caregiver who relied on the deceased’s pension or savings for day‑to‑day living
• A caregiver who gave up their paid employment to provide full‑time care and was supported by the deceased in return

In these situations, the caregiver may be able to show that the deceased maintained them. So essentially, the support was not simply payment for work but part of a broader relationship of dependency.

Caregivers Who Were Also Friends or Companions

Many caregivers are close friends, neighbours, or companions who gradually take on caring responsibilities. These relationships may often involve informal financial arrangements. This can often include shared meals, contributions to household costs, or small but regular payments.

Courts recognise that dependency may arise in these blended relationships. If the caregiver can show that the deceased’s support met a significant part of their needs, they may qualify even if the relationship was primarily social rather than professional.

What Must a Caregiver Prove to Bring a Claim?

A caregiver must demonstrate two things:

They fall within the category of a dependant

This requires evidence of financial support. Useful evidence includes:

• Bank statements showing regular transfers
• Records of bills paid by the deceased
• Evidence of rent‑free accommodation
• Witness statements from neighbours, friends, or professionals
• Care diaries or correspondence showing the nature of the arrangement
• Receipts for expenses covered by the deceased

The court will examine the pattern of support rather than isolated acts of generosity.

The will or intestacy rules fail to make “reasonable financial provision”

The court then considers what the caregiver reasonably needs for maintenance. However, it must be noted this is not a reward for caregiving – but a needs‑based assessment. The court may consider:

• The caregiver’s current income and expenses
• Their ability to work
• Their housing needs
• The extent to which they relied on the deceased
• The size of the estate
• Competing claims from family members

A caregiver’s claim is often strongest when they face financial hardship or housing insecurity after the death.

How Courts Assess Caregiver Claims

Courts take a practical, fact‑specific approach, which typically includes:

• The duration of the caregiving relationship
• The extent of the deceased’s financial support
• Whether the caregiver sacrificed employment or income
• Whether the deceased expressed any intention to provide for the caregiver
• The caregiver’s future needs, especially housing
• The overall fairness of the distribution of the estate

Caregiver claims often succeed when the caregiver lived with the deceased and relied on them for accommodation. Housing need is one of the most persuasive factors in Inheritance Act cases.

Can a Caregiver Claim If They Were Promised an Inheritance?

Caregivers are sometimes verbally promised a share of the estate in return for years of care. A promise alone does not create an automatic right under the Inheritance Act, but it can strengthen the argument that the deceased intended to provide for the caregiver. In some cases, a separate claim based on proprietary estoppel may also be available, but that is a different legal route and not part of the Inheritance Act framework.

Can a Paid Carer Make a Claim?

A paid carer can only claim if they were also being maintained by the deceased in a way that went beyond payment for services. For example, a paid carer who also lived rent‑free and relied on the deceased for daily living costs may qualify. A carer who received only wages will not.

Strict Deadline

A caregiver must issue an Inheritance Act claim within six months of the grant of probate. This deadline is strict, and late claims require the court’s permission. Caregivers who believe they may have a claim should act quickly.

Practical Steps for Caregivers Considering a Claim

Caregivers should obtain relevant evidence early. Key steps may include:

• Obtaining bank statements showing financial support
• Recording the nature and extent of the care provided
• Identifying witnesses who can confirm the arrangement
• Establishing the size of the estate
• Checking whether probate has been granted
• Seeking specialist legal advice promptly

The strength of a caregiver’s claim often depends on the clarity and detail of the evidence.

Get Started

A caregiver can bring an Inheritance Act claim in England and Wales if they can show they were being maintained by the deceased immediately before death. Basically, the law protects individuals who were financially dependent and left without reasonable provision.

For caregivers who lived with the deceased, relied on them for accommodation, or received regular financial support, contact our team today as the Act can provide a vital safety net during this difficult time.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

To get started now, call us at 0333 358 3034 or complete our online contact form to arrange your initial no-obligation telephone consultation.