Inheritance Act Claims – What Are They and Who Can Make One?
When someone dies, their Will is usually taken as their final word on how their estate should be divided. But what happens if that Will doesn’t make reasonable financial provision for a person who was dependent on them? In some cases, the law allows a challenge.
At MHHP Law, our Family and Private Client team has experience with these sensitive and often complex claims. In this blog, we explain how the Inheritance (Provision for Family and Dependants) Act 1975 — commonly known as the Inheritance Act — can apply.
Who Can Make an Inheritance Act Claim?
Not everyone can challenge a Will. The Inheritance Act sets out specific categories of people who may be entitled to apply to the court for reasonable financial provision from the estate of the deceased. These include:
- A spouse or civil partner
- A former spouse or civil partner (if not remarried)
- Children (including adult and adopted children)
- Anyone treated as a child of the family (such as stepchildren)
- Someone who lived with the deceased as if they were a spouse or civil partner for at least two years before death
- Any person who was being financially supported by the deceased at the time of death
What Does “Reasonable Financial Provision” Mean?
This is the central question in every claim — and the answer depends on your relationship to the deceased and your financial needs.
For example, a spouse or civil partner may be entitled to more generous provision reflecting what they might have received in a divorce. By contrast, adult children will only be awarded what is considered necessary for their maintenance — and courts are cautious not to rewrite someone’s Will simply because a beneficiary is disappointed.
What Factors Do the Courts Consider?
The court takes a holistic view, considering a range of factors set out in Section 3 of the Act, including:
- The financial needs and resources of the applicant now and in the foreseeable future
- The needs and resources of any other claimants or beneficiaries
- Any obligations the deceased had toward the applicant or others
- The size and nature of the estate
- Any disabilities affecting those involved
- The conduct of the parties
- The wishes of the deceased
No two cases are the same. Each one turns on its specific facts and the weight the court gives to each factor.
Time Limits: Don’t Delay
If you think you might have a claim, it’s essential to act quickly. A claim must be issued at court within six months of the grant of probate. After that, you have four months to serve the claim.
Late applications are possible but rare — they require court permission and a valid explanation for the delay.
What if You’re an Executor or Beneficiary?
Executors should be cautious about distributing an estate within 10 months of the grant of probate. Doing so prematurely can leave them personally liable if a claim arises.
If you are defending an Inheritance Act claim, it’s important to gather evidence early — particularly about the deceased’s relationship with the claimant, any financial arrangements that existed, and the size of the estate. Some claims are weak and should be robustly defended.
Recent Cases Show the Risks — and the Limits
In Ilott v Blue Cross [2017], the Supreme Court reduced an award made to an estranged adult child who had been excluded from her mother’s Will, reinforcing the principle of testamentary freedom. The court confirmed that “maintenance” does not mean a full inheritance — especially where the claimant is financially independent.
In contrast, Shapton v Seviour [2020] shows the risks of bringing speculative claims. The judge dismissed a claim from a daughter who had been excluded from her father’s Will and ordered her to pay costs, finding her evidence of need unconvincing.
These cases highlight that claims under the Act are fact-sensitive — and not all disappointed relatives will succeed.
Getting the Right Advice
Claims under the Inheritance Act sit at the crossroads of family law, probate, and financial provision. They often involve grief, high emotion, and family history. Sensitive, expert legal advice is vital — whether you are considering making a claim or need to respond to one.
At MHHP Law, we offer clear, realistic guidance tailored to your circumstances. If you think you may have a claim — or if you’re defending one — contact Tayo Taylor, Head of our Family Department, for a confidential discussion at tayo.taylor@mhhplaw.com or on 020 3667 4783.
