Claims under the Inheritance (Provision for Family and Dependents) Act 1975

Claims under the Inheritance (Provision for Family and Dependents) Act 1975 | Thursday 5 March 2026 | 3 min read

When someone dies, their will (or the intestacy rules where there is no will) should ideally make fair and reasonable financial provision for those who depend on them.

Unfortunately, this is not always the case. If you feel you have not been adequately provided for, the Inheritance (Provision for Family and Dependents) Act 1975 may offer you a path to seek the support you need.

The 1975 Act allows certain people to ask the court for reasonable financial provision from a deceased person’s estate where the will (or intestacy rules) does not do so. The 1975 Act aims to balance between testamentary freedom and the need to protect dependents from unfair hardship.

Who can bring a claim?

You may be eligible to bring a claim under the 1975 Act if you are:

•  A spouse or civil partner of the deceased
•  A former spouse or civil partner who has not remarried or formed a new civil partnership
•  A cohabitee (who lived with the deceased in a relationship akin to husband and wife/civil partners for at least 2 years prior to their death)
•  A child of the deceased (including adult children)
•  A “child of the family” i.e. stepchild or you were treated by the deceased as if you were their child
•  A person who was being maintained by the deceased

If you are unsure whether you fit into one of these categories, we would be happy to advise you.

What is reasonable financial provision?

The standard of provision depends on the claimant’s relationship to the deceased.

For a spouse, civil partner, former spouse and former civil partner, you may be entitled to what is reasonable for you to receive (not limited only to maintenance).

For all other claimants (i.e., an adult child), you may claim such financial provision as it would be reasonable in all the circumstances for your maintenance. This generally means to ensure that your day-to-day needs are met.

What is the award?

If the court decides that reasonable provision has not been made, it has wide discretion and can make the following possible awards:

•  A lump sum
•  Regular income
•  Deferred payments
•  Property or assets settled on trust
•  A variation of an ante-nuptial or post-nuptial settlement
• ·An option to purchase a property or asset from the estate

The court will tailor the above to what is reasonable in all the circumstances.

How does the court decide?

• The court will consider a range of factors and give them equal weight, these include:
• The financial position and needs of the applicant (now and future)
• Financial position and needs of other beneficiaries
• The deceased’s obligations and responsibilities towards the applicant
• The size and nature of the estate
• Any disability of the applicant or beneficiaries
• Any other relevant conduct or circumstances

Is there any time limit to bring a claim?

Claims under the 1975 Act must be brought within 6 months from the date of the grant of probate or letters of administration. The court may allow late claims only in exceptional circumstances.

 

Every situation is unique, so we encourage you to contact us for tailored advice if you are thinking about making a claim. We’re here to help.

Contentious probate issues are deeply personal and can be stressful at an already difficult time. Whether you believe you may have a claim under the 1975 Act, or if you are an executor facing one, we can guide you through the process.

If you would like to discuss your situation, please contact Clare or Ashleigh.

Read our full wills and probate FAQs articles here.