How to Make a Claim Under the Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975, simply referred to as the Inheritance Act 1975, provides a clear pathway for individuals in England and Wales to make a claim if they’ve not received reasonable financial provision. 

If you’re an eligible family member or dependent wondering how to make a claim under the Inheritance Act 1975, continue reading. 

What is the Inheritance Act 1975?

The Inheritance Act 1975 is a law that allows certain individuals to ask the court for reasonable financial provision from a deceased person's estate if a will or intestacy doesn't provide enough. 

The process involves the court considering whether the claimant has received reasonable financial provision by looking at key factors, including financial needs and other relevant circumstances. 

Essentially, the Act provides a route for eligible family members or dependants, such as a spouse, civil partner, or child, to challenge unfair outcomes without challenging the will itself.

Who Can Claim Under the Inheritance Act 1975?

Only certain individuals are eligible to apply for reasonable financial provision from a deceased person's estate as set out in Section 1 of the Inheritance Act 1975.

You can claim if you’re a:

• Spouse or civil partner of the deceased at the time of death 
• Former spouse or civil partner and the deceased didn't remarry or enter a new civil partnership 
• Child or adult child of the deceased 
• Stepchild of the deceased
• Person who lived with the deceased as their partner for at least two years before they died
• Person who was financially dependent on the deceased immediately before their death

However, you can’t claim if you’re a:

• Person who wasn't financially dependent on the deceased
• Person who has only received a gift under the will but is unhappy with it

If you're eligible and can make a claim, it will only succeed if the court finds that a reasonable financial provision wasn't made for you under the will or intestacy. If you aren’t eligible, you won’t be able to claim at all. 

What Counts as Reasonable Financial Provision?

What counts as a reasonable financial provision under the Inheritance Act 1975 depends on your legal relationship to the deceased.

For example:

• Spouse or civil partner - Can claim for what is reasonable in all circumstances, not just basic living costs.
• Other eligible claimants (children, cohabiting partners, dependants) - Can only claim for what is needed for basic living costs (maintenance).

The court must consider:

• Applicant’s financial needs now and in the future
• Size of the deceased’s estate
• Obligations the deceased had towards the applicant
• Applicant’s age and any other key factors, such as disabilities

If successful, the court must then make provision in some way: 

• Lump sum of money 
• Life interest, such as the right to live in a property belonging to the deceased 
• Award to help the claimant’s current or future situation

How to Make a Claim: Step-by-Step

If you want to make a claim under the Inheritance Act 1975, the process involves a few necessary steps.

1 - Check Eligibility 

Confirm you're part of an eligible category, such as a spouse or civil partner, a former spouse or civil partner who hasn't remarried, a child or stepchild, a cohabiting partner, or a person who was financially dependent on the deceased before their death. 

2 - Seek Legal Advice

Seeking professional assistance from a solicitor is advised, especially given the 6-month time limit. Working closely with a solicitor allows the process to be handled by an expert, who will notify executors or administrators of the claim on your behalf, ensure assets remain undistributed during the live dispute, and prepare a letter of claim. 

3 - Gather Evidence

You must gather evidence to support your claim, including documents showing your financial position, such as your income, pension, or debt, and your relationship with the deceased to prove you're eligible.

4 - Act Within 6 Months

You should aim to act within 6 months of the Grant of Probate or Letters of Administration where there is no will. While you can still make a claim after this time, it becomes much more difficult. Under Section 4 of the Inheritance Act 1975, you'll need to ask the court for permission to apply out of time, which may prolong the process. 

5 - Resolve the Claim (Negotiate or Claim in Court)

Your solicitor will attempt to resolve the claim via negotiation, mediation, or by issuing a protective claim if the process is ongoing beyond the 6-month deadline. If a settlement isn't possible, the court claim will be issued using Part 8 of the Civil Procedure Rules. The court will then finally decide whether reasonable financial provision should be made.

Contesting a Will vs Claiming Under the Inheritance Act 1975

Contesting a will and claiming under the Inheritance Act 1975 are often confused, but they’re two completely different legal routes. 

Let’s take a look at some key differences:

Although the two are different, the claims are made against the same estate. 

In fact, a claimant can often contest a will and also make a claim under the Inheritance Act 1975. If this is something you want to do, it's highly advised to speak with a solicitor for guidance. 

Make an Inheritance Claim at Bell Lamb & Joynson

At Bell Lamb & Joynson, we help clients make an inheritance claim by offering trusted legal advice, support, and guidance. We have over 200 years of experience, having assisted with many complex legal issues, including both inheritance disputes and claims. 

We offer services in a wide range of areas, such as estate administration issues, bringing and defending claims, managing disputes, and also estoppel claims. Our team will assess your chances of success regarding your claim before advising on the best course of action.

To find out more about how our Inheritance Dispute solicitors can help, please contact us.

FAQs

How much does a claim under the Inheritance Act 1975 cost?

There's no exact cost of making a claim, as it can vary depending on several factors, such as solicitor fees, court fees, the complexity of the estate, and how long the trial lasts. Consult your solicitor for a more accurate cost breakdown. 

What happens to the estate while a claim is ongoing? 

While a claim is ongoing, the administration of the estate is effectively paused, and executors must postpone the distribution of assets to beneficiaries to avoid personal liability in case the claimant is successful.

Can I make a claim if I was left out of the will?

Yes, you can still make a claim if you were left out of the deceased’s will and wish to seek a reasonable financial provision, as long as you’re eligible.  

Can I make a claim if there is no will? 

Yes, you can still make a claim even if there’s no will. If someone dies without a will, the estate is distributed according to Intestacy Rules, which also allow eligible individuals to make a claim under the Inheritance Act 1975.

Can adult children make a claim? 

Yes, adult children (aged 18 and over) can make a claim if they’re eligible. However, adult children are considered independent adults, so it may be harder to make a claim compared to minor children who were likely more dependent on the deceased.