Who Can Claim Under the Inheritance Act

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.

A Complete Guide to Eligibility

This is a legal avenue for those who believe they have not been left reasonable financial provision and it’s important to know what evidence you’ll need to show your genuine financial need.

If you’ve been left out of a will or believe you haven’t received enough from an estate, you may be wondering whether you are legally entitled to make a claim. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people connected to the deceased to seek reasonable financial provision when a will — or the intestacy rules — fails to meet their needs.

What the Inheritance Act Is Designed to Do

The Inheritance Act provides a safety net for people who were financially dependent on the deceased or had a close personal relationship with them. It does not challenge whether the will is valid. Instead, it asks whether the will (or intestacy rules) leaves the claimant with enough to live on.

The court can award:

• A lump sum
• Ongoing maintenance
• Property transfers
• Adjustments to how the estate is divided

Before any of this can happen, you must show that you fall into one of the Act’s recognised categories.

The Six Categories of People Who Can Claim

The Inheritance Act sets out six groups of people who may be eligible. Each category has specific requirements, and the strength of your claim depends on how clearly you fit within them.

1. Spouse or Civil Partner

A spouse or civil partner has the strongest position under the Act. You can claim even if you were financially independent. The court will often consider what you might have received in a divorce, which can result in a higher award than other claimants.

2. Former Spouse or Civil Partner

You may claim if:

• You have not remarried or entered a new civil partnership
• Your divorce order did not exclude your right to claim

This category recognises that financial obligations may continue after a relationship ends.

3. Cohabiting Partner (“Common Law Partner”)

To qualify, you must have:

• Lived with the deceased for at least two years immediately before their death
• Lived together as a couple, not simply as housemates

This category protects long‑term partners who were not married or in a civil partnership but shared a life together.

4. Child of the Deceased

This includes:

• Minor children
• Adult children
• Adopted children
• Sometimes stepchildren

Adult children often believe they cannot claim, but the Act allows them to — especially if they can show financial need.

5. Person Treated as a Child of the Family

This applies where the deceased acted in a parental role, even without a biological or legal relationship. Examples include:

• Stepchildren
• Children from a partner’s previous relationship
• Individuals raised by the deceased

The key factor is whether the deceased treated you as their own child.

6. Financially Dependent Person

This is a broad category covering anyone who was being maintained by the deceased, even without a family relationship. Examples include:

• Someone receiving regular financial support
• A partner who did not meet the two‑year cohabitation rule
• A friend or relative who relied on the deceased for living costs

If you were financially dependent, you may be eligible to claim.

How the Court Decides Whether You Are Eligible

Eligibility is not just about fitting into a category. The court will also consider:

• The nature of your relationship with the deceased
• Whether you relied on them financially
• Any obligations they had towards you
• Competing claims from other beneficiaries
• Your age, health, and earning capacity
• Any disabilities or special circumstances

These factors help the court decide whether you should receive provision and how much.

Understanding “Reasonable Financial Provision”

The standard of provision depends on your category:

• Spouses/civil partners may receive provision similar to a divorce settlement.
• All other claimants must show what they reasonably need for maintenance.

Maintenance does not mean luxury — it means meeting essential needs such as housing, food, bills, and basic living costs.

(Your separate blog on How to Prove Financial Need will cover this in detail.)

Time Limits for Making a Claim

You usually have six months from the date probate is granted to issue a claim. This is a strict deadline. Many people mistakenly believe the time limit runs from the date of death — it does not.

Late claims can be allowed, but only in exceptional circumstances. Acting quickly is essential.

Evidence That Helps Prove Eligibility

Depending on your category, you may need to provide:

• Marriage or civil partnership certificates
• Proof of cohabitation (utility bills, tenancy agreements, bank statements)
• Evidence of financial support
• Documents showing the deceased treated you as a child of the family
• Correspondence, photographs, or witness statements
• Records of shared responsibilities or commitments

Your solicitor will help identify what is most relevant.

Practical Steps if You Think You Are Eligible

Taking early action can strengthen your position:

• Confirm which category you fall into
• Gather documents showing your relationship with the deceased
• Obtain a copy of the will and probate details
• Start collecting financial information
• Seek specialist legal advice as soon as possible

These steps help ensure you do not miss the deadline and that your claim is properly prepared.

Common Misunderstandings About Eligibility

• “Adult children can’t claim.” They can – but must show financial need.
• “If I’m named in the will, I can’t claim.” You can still claim if the provision is not reasonable.
• “Cohabiting partners have no rights.” They do — if they lived with the deceased for at least two years.
• “The will is final.” The court can override it to ensure fairness.

How We Can Support You

Understanding whether you are eligible to claim under the Inheritance Act can be confusing, especially during a difficult time. Our team works with experienced contentious probate solicitors who can assess your situation, explain your rights, and guide you through the next steps.

At Jefferies Claims, we work with highly experienced lawyers in this field and we will give you the support and understanding you need.

📞 Call us: 0333 358 3034

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