Inheritance Act Claims

Who Can Bring a Claim Under the Inheritance  Act 1975?

Inheritance Act claims are a legal remedy for eligible individuals to bring a claim against the estate of a someone who has passed away. This is for when someone wants to contest a will or estate when they believe they have not been left reasonable financial provision. Such a claim may be made even if a will exists or the estate has been distributed under the rules of intestacy.

This type of claim is considered to be important in protecting the rights of dependants, spouses and cohabiting partners. In short, The Act aims to ensure that dependants and close family members are not unfairly left without financial support after the death of a loved one.

So, whether you’re a disinherited family member, a dependant or someone facing a contested probate situation, you may want to find out more about the process of bringing a claim under the Inheritance Act. We work with solicitors who have extensive experience in bringing and defending disputes under the Act.

Give us a call or fill in our online form – our caring and compassionate team can help you during this difficult time.

What Is an Inheritance Act Claim?

An Inheritance Act claim is a legal action brought by someone who believes they have not been adequately provided for under the deceased’s will or the intestacy laws. This Act gives courts the power to vary the distribution of an estate to make reasonable financial provision for certain categories of people.

The Act aims to ensure that dependants and close family members are not unfairly left without financial support after the death of a loved one.

Who Can Bring an Inheritance Act Claim?

Not everyone can bring an Inheritance Act claim. The law restricts eligibility to specific categories of individuals. According to the Act, the following people can make a claim:

1. Spouse or Civil Partner of the Deceased

A spouse or civil partner is entitled to claim for reasonable financial provision. Courts will take into account the length of the marriage, the financial needs of the surviving spouse, and any obligations the deceased had towards them.

2. Former Spouse or Civil Partner

A former spouse or civil partner may bring a claim, provided they have not remarried or entered into another civil partnership. The court will assess financial obligations that remained post-divorce or dissolution and the terms of any financial settlements.

3. Cohabiting Partner (Living as Spouse/Civil Partner)

If the deceased and the claimant were cohabiting as if they were married or in a civil partnership for at least two years immediately before death, the surviving partner can bring a claim. This is a critical protection for unmarried partners, who are otherwise excluded under intestacy laws.

4. Children of the Deceased

This includes both biological and adopted children. Adult children are also eligible to claim, even if they were not financially dependent on the deceased. However, adult children must be able to demonstrate financial need or hardship.

5. Persons Treated as a Child of the Family

Stepchildren, foster children, or others who were raised by the deceased in a parental role may be eligible if they can demonstrate they were treated as a member of the family unit.

6. Dependants

Any person who was financially maintained by the deceased before their death—regardless of relationship—can bring a claim. This category is broad and could include friends, housekeepers, or others who received regular financial support.

What Is “Reasonable Financial Provision”?

The meaning of reasonable financial provision varies depending on the claimant:

Spouses and civil partners may receive provision reflecting what is reasonable in all circumstances, potentially mirroring divorce-style settlements.

All other claimants (e.g., children, dependants) are usually entitled only to what is reasonably necessary for their maintenance.

What Factors Does the Court Consider?

When assessing an Inheritance Act claim, the court will consider a range of factors:

• The financial needs and resources of the applicant
• The needs and resources of other beneficiaries
• The size and nature of the estate
• Deceased’s responsibilities towards the claimant
• Health, age and circumstances of the claimant
• Any conduct by the claimant or deceased which may affect the claim.

Each case is judged individually and outcomes can vary widely.

Time Limits for Bringing a Claim

An Inheritance Act claim must be issued within 6 months from the date of the Grant of Probate or Letters of Administration. This time limit is strict, and late claims are rarely permitted unless there are exceptional circumstances.

It is essential to seek specialist legal advice as soon as possible to avoid missing this critical deadline.

Can You Bring a Claim If There Is No Will?

Yes. If the deceased died without a will (intestate), their estate will be distributed under the rules of intestacy, which do not recognise cohabiting partners or stepchildren. In such cases, eligible individuals can still bring an Inheritance Act claim to seek financial provision.

Defending an Inheritance Act Claim

If you are an executor or beneficiary defending against an Inheritance Act claim, it’s important to understand your duties. Executors must remain neutral and act in the interest of the estate. Beneficiaries may need to provide financial disclosure and legal representation.

Early legal advice can help resolve disputes before they escalate into court proceedings.

What To Do Next

If you believe you were unfairly left out of a will or didn’t receive reasonable provision, an Inheritance Act claim may be the solution you need. Time limits are strictly applied in this regard, so it’s advisable to get legal advice as early as possible.

Contact Jefferies Claims today at 0333 358 3034. Alternatively,  complete our online contact form to arrange an initial no-obligation telephone consultation with a panel partner of expert contentious probate solicitors.

We 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.