The Inheritance (Provision for Family and Dependants) Act 1975 lets certain family members and dependants ask the court for money from an estate, even where the will is completely valid. This is not a challenge to the will. The will stands. The court just redirects part of the estate.
How is this different from challenging a will?
Completely. A challenge to validity says the document should never have counted, because of a problem with capacity, understanding, pressure, lies or signing. A 1975 Act claim accepts the will is fine and asks something else: did it make reasonable financial provision for this person?
It works for intestacy too. If someone dies without a will and the fixed intestacy rules leave an eligible person short, they can bring the same claim.
Who can bring a claim?
The Act sets out six groups. The person who died has to have been domiciled in England and Wales.
| Who can apply | What they can ask for |
|---|---|
| Spouse or civil partner | What is reasonable in all the circumstances, whether or not they need it to live on |
| Former spouse or civil partner who has not remarried or formed a new civil partnership | What is reasonable for their maintenance |
| Partner who lived with them as a couple in the same household for the whole of the two years before the death | What is reasonable for their maintenance |
| A child of the deceased, at any age | What is reasonable for their maintenance |
| Someone treated by the deceased as a child of the family | What is reasonable for their maintenance |
| Anyone the deceased was supporting, wholly or partly, right before the death | What is reasonable for their maintenance |
Why does the standard matter so much?
Because it is the difference between two very different claims. A surviving spouse or civil partner can ask for what is reasonable in all the circumstances, whether or not they need it to live on. Everyone else, including partners who were not married and grown-up children, is limited to what is reasonable for their maintenance.
Maintenance means money to cover the ongoing costs of living. It is not a share of the estate, and it is not compensation for being treated unfairly. That is why a wealthy adult child with no financial need has a weak claim, however unfair the will feels to them. A husband or wife of thirty years has a strong one whether they need the money or not.
One exception for spouses: the higher standard does not apply where a judicial separation order was in force and the separation was still going on when the person died.
What does the court take into account?
Section 3 sets out the factors that apply to every claim:
- What the applicant has and needs, now and in the foreseeable future.
- What any other applicant has and needs, and the same for the people named in the will.
- Any obligations the deceased had towards the applicant or a beneficiary.
- The size and nature of the estate. A small estate limits what any claim can achieve.
- Any physical or mental disability of an applicant or a beneficiary.
- Anything else, including conduct. This is where the wishes of the person who died come in.
Extra factors apply to particular groups. For a spouse or civil partner: their age, how long the marriage or civil partnership lasted, what they contributed to the family, and a comparison with what they might have got on divorce. For a partner who was not married: their age, how long they lived together, and what they contributed. For a child, or someone treated as a child: how they were being educated or trained, and how they had been supported.
How do adult children get on?
Less well than people expect. The leading case is Ilott v The Blue Cross (2017). The Supreme Court restored a modest award of £50,000 to an estranged adult daughter, and set aside a much bigger award the Court of Appeal had made.
Three points from that case matter if you are thinking about a claim:
- Maintenance means living costs. It is money for ongoing expenses, not a share of the inheritance.
- Being a child is not enough on its own. For an independent adult child, something more than the relationship is needed.
- What the person wanted still counts. Their wishes are part of the circumstances and get weighed up with everything else. A long estrangement and clearly stated intentions were both relevant.
What can the court order?
More than just a cash payment. The court can order:
- Regular payments, or a lump sum.
- The transfer of a particular property.
- Property held on trust for the applicant.
- The purchase of property out of the estate, to be transferred or held on trust.
- Changes to a marriage or civil partnership settlement.
- Changes to the trusts the estate is held on.
What is the deadline?
Six months. A claim has to be brought within six months of the date representation is first taken out, meaning the grant of probate or letters of administration. You can also start a claim before the grant.
The court can allow a late claim, but that is a discretion rather than a right, and you should never count on it. If you think you might have a claim, get advice well inside the six months.
How is a claim paid for?
Some contentious probate solicitors offer no win no fee agreements. There is one thing to watch. In Hirachand v Hirachand (2024) the Supreme Court held unanimously that a success fee cannot be recovered as part of an award under the 1975 Act. So the success fee comes out of whatever you recover, which reduces what you actually end up with.
What should you do about it?
If you are making a will and someone in one of those six groups will not be provided for, think it through carefully. See protecting your will from a challenge. A no contest clause cannot stop a 1975 Act claim, because the right comes from statute.
This is worth particular thought for couples who live together but are not married, who have no automatic right to inherit, and in blended families. See also wills and stepchildren.
If you think you have a claim, see how to challenge a will for the practical steps and how to find a contentious probate solicitor. Note that a caveat is the wrong tool here. Caveats are for disputes about whether a will is valid.
This article is for general information and is not legal advice. Whether a claim under the 1975 Act succeeds, and what it is worth, depends heavily on the facts. If you think you may have a claim, or you are an executor facing one, please get in touch for advice on your own situation.
Sources
- Inheritance (Provision for Family and Dependants) Act 1975, section 1 (who may apply and the two standards) on legislation.gov.uk
- 1975 Act, section 2 (orders the court can make) on legislation.gov.uk
- 1975 Act, section 3 (matters the court must consider) on legislation.gov.uk
- 1975 Act, section 4 (six month time limit) on legislation.gov.uk
- Ilott v The Blue Cross [2017] UKSC 17 on Find Case Law, The National Archives
- Hirachand v Hirachand [2024] UKSC 43 on Find Case Law, The National Archives
Common questions
Who can make a claim under the Inheritance Act 1975?
Six groups. A spouse or civil partner. A former spouse or civil partner who has not remarried or formed a new civil partnership. A partner who lived with the deceased as a couple in the same household throughout the two years before the death. A child of the deceased, at any age. Someone treated by the deceased as a child of the family. And anyone the deceased was supporting, wholly or partly, right before the death. The person who died has to have been domiciled in England and Wales.
How long do I have to bring an Inheritance Act claim?
Six months from the date representation is first taken out, meaning the grant of probate or letters of administration. You can also start a claim before the grant. The court can allow a late claim, but that is a discretion rather than a right, so never count on it.
Do spouses get more than children under the Inheritance Act?
They are judged by a more generous standard. A surviving spouse or civil partner can ask for what is reasonable in all the circumstances, whether or not they need it to live on. Everyone else, including unmarried partners and grown-up children, is limited to what is reasonable for their maintenance, which means money for ongoing living costs rather than a share of the estate.
Can an adult child claim against a parent's estate?
Yes, but the claim is limited to maintenance and it is not straightforward. In Ilott v The Blue Cross the Supreme Court held that for an independent adult child, something more than the parent and child relationship is needed. Maintenance means money for ongoing living costs rather than a share of the inheritance, and the wishes of the person who made the will still get weighed up with everything else.
Can a no contest clause stop an Inheritance Act claim?
No. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 is a right given by statute, and the court can use its powers whatever the will says. A no contest clause may put someone off challenging whether a will is valid, but it cannot block an application for reasonable financial provision.
Oliver Asha
Solicitor · TEP · Founder of Make a Will
Oliver is a Solicitor (SRA number 372772) and a Trust and Estate Practitioner (TEP). He qualified in 2006 and he is founder at Make a Will, Make a Will Online, Digilegal Trustees and Capacity Vault. It is his mission to bring proper, solicitor-checked wills within reach of every family. He personally drafts and oversees the review of many of the guides on this site.
Verify Oliver’s credentials: Law Society · SRA register · STEP directory
Further Reading
- Stop a Probate Application - GOV.UK How to enter a caveat if you want to challenge a will
- Find a Solicitor - The Law Society Search for a solicitor who specialises in contentious probate
- Inheritance (Provision for Family and Dependants) Act 1975 - legislation.gov.uk The Act that lets family and dependants claim reasonable provision
- Wills Act 1837, section 9 - legislation.gov.uk The signing and witnessing rules a will must satisfy