Inheritance Disputes and Inheritance (Provision for Family and Dependants Act) 1975 Claims
While a person is free to leave their estate to whoever they want when they die, there are some people who may have a reasonable expectation to benefit from it who can challenge the distribution.
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Who can bring an Inheritance Act Claim?
Only specific categories of people can apply for financial provision from an estate. These include:
- Spouses or civil partners
- Children, including adult children
- Children of the family, which may include step-children
- Former spouses or civil partners (if they have not remarried)
- Cohabiting partners who lived with the deceased for at least two years before death
- Anyone who was financially maintained by the deceased immediately before their death
Claims by anyone other than a spouse or civil partner are limited to what the Claimant requires for their “maintenance”.
What does the Court consider?
When deciding whether reasonable provision has been made—and, if not, what award should be granted—the Court assesses a broad range of factors, including:
- The financial needs and resources of the applicant and the beneficiaries
- Any obligations or responsibilities the deceased had towards them
- The size and nature of the estate
- Any physical or mental disability of the applicant or beneficiaries
- The conduct of the parties (in rare cases)
The Court has very wide discretion. Outcomes vary significantly based on personal and financial circumstances, which is why experienced advice is essential.
Strict time limits apply
Claims must usually be issued within six months of the Grant of Probate (or Letters of Administration). Missing this deadline can severely limit your options, so early advice is vital. In some cases, the Court may permit a late claim, but this is far from guaranteed.
Bringing or defending an Inheritance Act Claim
If you are bringing a claim
We can assist by:
- Assessing whether you are an eligible claimant
- Advising on the value of your claim and your likely entitlement
- Gathering evidence of financial need and dependency
- Engaging in negotiations with executors and beneficiaries
- Mediating or settling the claim where possible
- Issuing court proceedings where necessary
Where negotiations fail, our experienced litigators will guide you through the court process with clear, decisive representation.
If you are defending a claim
Executors and beneficiaries often find themselves having to defend against an unexpected or unreasonable claim. We assist by:
- Advising on the strength of the claim
- Protecting the estate and beneficiaries’ interests
- Responding robustly to exaggerated or unmeritorious applications
- Negotiating to achieve fair, cost‑effective outcomes
- Representing you throughout litigation where required
We recognise the pressure that inheritance disputes can place on families and work to resolve matters efficiently wherever possible.
Alternative Dispute Resolution (ADR)
Most Inheritance Act claims settle without the need for a full trial. We strongly encourage mediation and other forms of ADR, which can:
- Reduce conflict between family members
- Save significant costs
- Allow greater flexibility in crafting a settlement
- Resolve matters far more quickly than court proceedings
When settlement is not possible, we provide confident and strategic representation in court.
Contact Us
Our Private Wealth Disputes team are here to help. Call us on 020 8290 0333 or email [email protected]
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Don’t just take our word for it
Only specific categories of people can apply for financial provision from an estate. These include:
- Spouses or civil partners
- Children, including adult children
- Children of the family, which may include step-children
- Former spouses or civil partners (if they have not remarried)
- Cohabiting partners who lived with the deceased for at least two years before death
- Anyone who was financially maintained by the deceased immediately before their death
Claims by anyone other than a spouse or civil partner are limited to what the Claimant requires for their “maintenance”.
Get in touch today
Whether you've got questions or you're ready to get started, our team are ready with expert legal advice.
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