How To Prove You Were Financially Dependent on the Deceased

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.

Guide to Financial Dependency and The Inheritance Act

If losing a loved one results in financial uncertainty, you need to know how to prove you were financially dependent on the deceased. This can feel overwhelming, especially if you relied on them for support and have been left out of their will or received less than you need. If they died without a will (intestate), the situation can be even more difficult.

However, you may be entitled to make a claim under the Inheritance Act 1975. A key part of succeeding in such a claim is demonstrating that you were financially dependent on the deceased. Our panel firms, who specialise in probate and Inheritance Act claims, can guide you through this process

As Inheritance Act Claims may be complex, our panel firms who are experienced in probate law can guide you through the process.

What Does Financial Dependency Mean Under the Inheritance Act?

Financial dependency means you relied on the deceased for financial support, either wholly or partly. This support may have included:

• Regular payments
• Housing or accommodation
• Payment of bills or living expenses
• Education or childcare costs
• Business funding
• Gifts that formed a consistent pattern of support

Under the Act, you only need to show that you were being maintained “wholly or partly” by the deceased immediately before their death. Total reliance is not required as partial, regular, and meaningful support is enough.

Who Can Claim Financial Dependency?

Financial dependency can apply to several types of claimants under the Inheritance Act, including partners, former partners, children, stepchildren and anyone who was being financially supported by the deceased. The key factor is not your category, but whether you can show that the deceased was meeting your financial needs in a regular and meaningful way

Why Proving Financial Dependency Matters

To succeed in an Inheritance Act claim, you must show:

1. That you have a financial need, and
2. That the deceased was meeting that need through financial support.

Without clear evidence of dependency, the court may decide that you are not entitled to additional provision from the estate

Key Evidence to Prove Financial Dependency

The stronger and more consistent your evidence, the more persuasive your claim will be. Useful evidence includes:

Bank Transactions

• Regular transfers from the deceased
• Standing orders
• Payments made on your behalf

Housing and Bills

• Tenancy agreements
• Mortgage statements
• Utility bills showing payments made by the deceased

Written Agreements and Correspondence

• Emails, letters, texts, or notes referring to financial support

Shared Financial Commitments

• Joint bank accounts
• Insurance policies
• Council tax bills

Witness Statements

• Statements from friends, family, or professionals confirming the support

How Courts Assess Financial Dependency

Courts assess claims objectively and consider a range of factors, including:

• The nature and extent of the dependency
• The size and distribution of the estate
• Your own financial resources and needs
• The deceased’s obligations to other beneficiaries

The court’s aim is to decide whether you have been left with reasonable financial provision. This may take the form of a lump sum, property, or ongoing maintenance.

Case Study Example

A long‑term cohabiting partner worked part‑time while the deceased covered most household expenses. When the partner was excluded from the will, they provided bank statements, tenancy agreements, and utility bills showing financial reliance. This evidence helped them successfully claim under the Act

What If Support Was Indirect?

Financial dependency is not limited to direct payments. It also includes:

• Free accommodation
• Payment of school fees or childcare costs
• Covering daily living expenses
• Providing transport or paying vehicle costs

The key factor is whether the support was substantial and ongoing.

Step-by-Step Guide to Proving Financial Dependency

Step 1: List All Types of Support You Received

Include regular payments, ad hoc contributions, and non-cash support.

Step 2: Gather Documentary Evidence

Collect bank statements, bills, receipts, and correspondence as early as possible.

Step 3: Prepare a Financial Needs Assessment

Demonstrate your current and future financial needs clearly.

Step 4: Instruct a Contentious Probate Solicitor

Expert legal guidance is essential in presenting a strong case to the court.

Step 5: Submit Your Claim Within Time Limits

You have six months from the date of the Grant of Probate to issue your claim.

What to Expect During Contentious Probate Proceedings

If your claim is challenged:

• Mediation may be attempted first
• If unresolved, the case may proceed to court
• Both sides will present evidence, and a judge will decide on appropriate provision

Strong evidence of dependency dramatically improves your chances of success.

Important Tips to Strengthen Your Claim

• Act quickly to avoid missing deadlines
• Be transparent and accurate with your evidence
• Keep documents organised and clearly labelled
• Seek specialist legal advice early

Top FAQs To Prove You Were Financially Dependent on the Deceased

What qualifies as financial dependency?

Any regular financial support, including living expenses, housing costs, or allowances provided by the deceased.

Can adult children make a claim based on financial dependency?

Yes, if they can demonstrate they were financially supported by the deceased.

What if the deceased left me nothing in their will?

You can still claim if you can prove dependency and no reasonable provision was made for you.

How long do I have to make a claim?

You usually have six months of the Grant of Probate.

Do I need a solicitor to prove financial dependency?

While not legally, having a specialist solicitor greatly improves your chances of success.

Need Help Today?

Proving financial dependency under the Inheritance Act is a crucial part of securing financial provision under the Inheritance Act. By gathering strong evidence and presenting a clear case, you can protect your financial future.

If you believe you were financially dependent on someone who has died and have not been adequately provided for, professional advice is essential. Our panel firms can guide you through the process and offer a range of funding options, including No Win, No Fee for certain cases.

📞 Contact us today for a free, no-obligation consultation on 0333 358 3034 or alternatively, complete our online contact form and we will call you back.