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Inheritance Act guide · England & Wales

Left out of a will? Who can make an Inheritance Act claim?

Being disappointed with a will is not enough by itself. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of person to ask the court for reasonable financial provision from an estate, but eligibility to apply and success on the claim are separate questions.

Updated: 25 September 2026Approx. 9 minute readGeneral information only

At a glance

  • Only specified categories of applicant can bring a claim under the 1975 Act.
  • A spouse, civil partner or child does not have to prove financial dependency simply to qualify as an applicant.
  • A person relying on the separate "maintenance" category does need to show that the deceased was maintaining them wholly or partly immediately before death.
  • Eligibility does not mean the claim will succeed: the court must also decide whether reasonable financial provision was made.
  • There is usually a six-month court deadline running from the first grant of representation.

The 1975 Act applies where the deceased was domiciled in England and Wales. It gives the court power to alter the financial effect of a will or intestacy where the statutory test is met.

Who may be eligible to apply?

The categories include:

  • the deceased's spouse or civil partner;
  • a former spouse or former civil partner who has not remarried or formed a later civil partnership, subject to any relevant court order;
  • a person who lived with the deceased in the same household as a couple for the whole two-year period immediately before death;
  • a child of the deceased, including an adult child;
  • in qualifying circumstances, a person treated by the deceased as a child of the family;
  • another person who, immediately before death, was being maintained wholly or partly by the deceased.

Does everyone have to prove financial dependency?

No. Financial dependency is not a gateway requirement for every category. For example, an adult child can be eligible to apply because they are a child of the deceased even if they were financially independent.

By contrast, someone applying under the maintenance category must establish the required maintenance relationship. The Act treats a person as maintained where the deceased was making a substantial contribution, otherwise than for full valuable consideration, towards that person's reasonable needs.

Eligibility is only the first stageBeing a spouse, child, cohabitant or dependant does not create an automatic entitlement to a share of the estate. The court must still consider whether the will or intestacy failed to make reasonable financial provision and, if so, what order is appropriate.

What does “reasonable financial provision” mean?

The statutory standard differs according to the applicant. For a surviving spouse or civil partner, reasonable financial provision is not confined to what is required for maintenance. For most other applicants, the statutory concept is provision that it would be reasonable for the applicant to receive for their maintenance.

That does not reduce the exercise to a fixed formula. The applicant's needs, resources and circumstances are assessed alongside the estate, the beneficiaries and the deceased's responsibilities.

Think the will failed to make reasonable provision for you?

Tell us your relationship to the deceased, what you received from the estate and whether probate has been granted.

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What does the court take into account?

Section 3 of the Act directs the court to consider matters including:

  • the applicant's current and foreseeable financial resources and needs;
  • the resources and needs of other applicants and beneficiaries;
  • the obligations and responsibilities the deceased had towards the applicant and beneficiaries;
  • the size and nature of the estate;
  • any relevant physical or mental disability;
  • any other relevant matter, including conduct where appropriate.

Additional considerations apply to particular categories of applicant, including spouses, cohabitants, children and people who were maintained by the deceased.

What is the time limit?

An application under the Act should normally be made within six months from the date on which representation with respect to the estate is first taken out. The court can permit a late application, but permission is discretionary and should not be assumed.

If you are unsure whether a grant has been issued, the government's probate search service can be used to check.

Frequently asked questions

Can an adult child bring a claim if they were not financially dependent?

Yes, an adult child can fall within an eligible category without proving financial dependency. Whether the claim ultimately succeeds is a separate question and depends on the statutory test and the facts.

Can a cohabiting partner claim?

Potentially. The Act includes a category for a person who lived in the same household as the deceased as a couple for the whole two-year period immediately before death.

If I was left nothing, does that mean I will win?

No. Being excluded from a will can be relevant, but the court asks whether reasonable financial provision was made, applying the statutory factors.

What if there was no will?

The Act can apply to an estate passing under the intestacy rules as well as under a will.

Official information used for this guide

Prepared with reference to the Inheritance (Provision for Family and Dependants) Act 1975 and the official probate search service.

General information only, not legal advice.

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