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Spouse or civil partner
A surviving spouse or civil partner may apply where the Will or intestacy does not make reasonable financial provision.
No Win No Fee Inheritance Act claim
Have you been left out of a Will or not adequately provided for?
Certain family members, partners and dependants may be able to seek reasonable financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975. Tell us what happened and, where appropriate, we can connect you with an independent solicitor.
- Free initial enquiry
- England and Wales
- Will and intestacy situations
- No obligation to instruct
Please note: Is This a Claim is not a firm of solicitors and does not provide legal advice. We operate an enquiry and referral service. Any assessment of eligibility, merits, limitation or funding is carried out by an independent solicitor you choose to instruct.
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Tell us what happenedComplete the short enquiry form.
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Your enquiry is reviewedWe consider the basic information supplied.
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Suitable referralAn independent solicitor may contact you.
Who may be able to claim?
The Act allows certain people to seek financial provision from an estate
Being disappointed with a Will is not enough by itself. Eligibility and the appropriate level of provision depend on the statutory category you fall within and the individual circumstances.
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Former spouse or civil partner
A former spouse or civil partner may potentially qualify, subject to the statutory requirements and any relevant court order.
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Cohabiting partner
A person who lived with the deceased in the same household as a couple for the whole of the two years immediately before death may qualify.
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Child of the deceased
Children of the deceased may apply. Adult children are not automatically entitled to an award; the court considers the statutory factors and individual circumstances.
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Someone treated as a child
A person who was treated by the deceased as a child of a family in which the deceased stood in the role of a parent may potentially apply.
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Financial dependant
Someone who was being maintained wholly or partly by the deceased immediately before death may also fall within the Act.
How claims are assessed
A solicitor will look at more than just the terms of the Will
The court has a broad discretion. The applicant's needs, the estate, competing beneficiaries and the wider relationship with the deceased can all be relevant.
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Eligibility
The first question is whether you fall within a category of person entitled to apply under the 1975 Act.
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Financial provision
The Will or intestacy position is considered to determine whether it makes reasonable financial provision for you in the circumstances.
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Evidence and resolution
A solicitor may gather estate, financial and relationship evidence and consider negotiation, mediation or proceedings where appropriate.
Do not ignore the time limit
Inheritance Act claims have a relatively short usual deadline.
Important: an application under the 1975 Act must normally be made within six months of the date on which representation in respect of the estate is first taken out. The court can permit a late application, but permission is not automatic. If a grant has already been issued, seek advice promptly.
- The Will and any codicils, if available
- Grant of probate or letters of administration
- Information about the size and assets of the estate
- Evidence of your relationship with the deceased
- Information about your income, assets, liabilities and financial needs
- Evidence of financial support or maintenance provided by the deceased
Frequently asked questions
Inheritance Act claims
I was completely left out of the Will. Can I claim?
Possibly. You must first fall within an eligible category under the Act. The question is then whether the Will or intestacy rules fail to make reasonable financial provision for you. Being left out does not automatically mean a claim will succeed.
Can I claim if there was no Will?
Yes. The 1975 Act can apply where an estate passes under the intestacy rules as well as where there is a Will.
Can an unmarried partner make a claim?
An unmarried partner may qualify where they lived in the same household as the deceased as a couple throughout the two years immediately before death. Someone who does not meet that category may in some circumstances qualify on another basis, such as financial maintenance by the deceased.
Can an adult child bring an Inheritance Act claim?
Adult children are within the statutory category of children who can apply, but an award is not automatic. Financial resources and needs, the relationship with the deceased, the size of the estate, competing claims and the other statutory circumstances may all be important.
Is the deadline six months from the death?
Not usually. The statutory six-month period generally runs from the date on which representation in respect of the estate is first taken out. The precise grant and procedural position should be checked promptly with a solicitor.
Can a late claim ever be made?
The court has power to permit an application outside the usual six-month period, but there is no automatic right to an extension. If you think the deadline may have passed, seek advice immediately.
Will I have to go to court?
Not necessarily. Estate disputes may be explored through correspondence, negotiation or mediation. Whether proceedings are necessary depends on the facts, the parties' positions and the applicable deadline.
Concerned that an estate has not provided for you fairly?
Submit the free initial enquiry and tell us about your relationship with the deceased and the estate.