How to Make an Inheritance Act Claim: Complete Guide

How to make an Inheritance Act claim in England and Wales

When someone dies and leaves a will, that will is not always the final word. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can challenge the way an estate has been distributed if it fails to make reasonable financial provision for them. This is known as an Inheritance Act claim.

This guide explains who can make a claim, the grounds on which a claim can stand, what evidence you need, and how the process works from start to finish.

Who can make an Inheritance Act claim?

Not everyone can bring a claim. The law sets out a defined list of eligible applicants. You must fall into one of the following categories.

A spouse or civil partner of the deceased
A former spouse or civil partner who has not remarried or formed a subsequent civil partnership
A cohabitant who lived with the deceased as a partner for at least two years immediately before the death
A child of the deceased (including adult children)
Any person treated by the deceased as a child of the family, such as a stepchild
Any other person who was being maintained, wholly or partly, by the deceased immediately before the death

Each category carries its own rules about what counts as reasonable provision. A spouse, for example, is measured against a higher standard than an adult child.

One requirement applies to every category on that list. A claim can only be brought if the deceased was domiciled in England and Wales at the date of death. A former spouse should also check the terms of their financial order on divorce, because section 15 of the Act allows the divorce court to bar future Inheritance Act claims and many orders do exactly that.

Inheritance Act claims by cohabitants

Cohabiting partners have no automatic right to inherit under the rules of intestacy (the rules that apply when there is no valid will). However, if you lived with your partner for at least two years immediately before they died, you may have grounds to make an Inheritance Act claim.

The two-year rule is strict. For a cohabitant claim under the Inheritance (Provision for Family and Dependants) Act 1975, the statutory requirement is that the claimant was living:

“in the same household as the deceased” and “as the husband or wife (or civil partner) of the deceased” for the whole of the period of two years ending immediately before death.

The court looks at the substance of the relationship, not just whether the parties shared the same address.

You may still qualify under the ‘dependant’ category, but that turns on financial maintenance rather than cohabitation. Before the changes made by the Inheritance and Trustees’ Powers Act 2014, a person claiming as someone maintained by the deceased under the Inheritance (Provision for Family and Dependants) Act 1975 had to show that the deceased was making a contribution to their reasonable needs. Courts often engaged in a “balance sheet” exercise, comparing what the deceased provided to the claimant against any benefits flowing in the opposite direction. The 2014 Act amended section 1(3) of the 1975 Act. The focus is now on whether the deceased was making a substantial contribution towards the claimant’s reasonable needs, rather than whether, looking at the relationship as a whole, the claimant received more support than they gave.

Reform may be on the way. Between 5 June and 14 August 2026 the Ministry of Justice consulted on ‘A fairer end to relationships’, which included proposals to give qualifying cohabitants automatic rights on intestacy and to remove the qualifying time period for cohabitants who had children with the deceased. The government’s response is awaited, so the two-year rule remains the law for now.

We cover this in more detail in Inheritance Act claims by cohabitants.

Inheritance Act claims by adult children

This is one of the most frequently misunderstood areas. Many people assume that adult children with no special needs have little chance of success under the Inheritance Act. That is not always true, though the courts do apply a harder test.

Inheritance Act claims by children are assessed differently depending on whether the child is a minor or an adult. For an adult child the standard is maintenance: what is reasonable for their maintenance, not a share of the estate. Financial need therefore does most of the work, but the court also weighs the relationship between parent and child, any historic dependency, and any promises the deceased made during their lifetime. A promise matters because it goes to the obligations and responsibilities the deceased had towards you, and you do not have to prove that you relied on it. If you did rely on a promise to your detriment, you may also have a separate claim in proprietary estoppel, and the two are often pleaded together.

The contrast is stark in practice. An adult son with a significant disability, supported by his mother throughout his adult life and left nothing when her will gives everything to charity, has a strong claim. An adult daughter in comfortable circumstances who is simply disappointed does not.

What the court will not do for adult children

Courts will not simply redistribute an estate because a child feels hard done by. If a parent made a deliberate and considered decision to exclude an adult child who is financially self-sufficient, the court will want very clear reasons to interfere. However, if there is evidence of broken promises, historic dependency, or a particular vulnerability, the picture changes.

We cover this in more detail in Inheritance Act claims by children.

What does “reasonable financial provision” mean?

This phrase sits at the heart of every Inheritance Act claim. The court must decide whether the deceased’s estate makes reasonable financial provision for the applicant.

For a spouse or civil partner, the standard is what would be reasonable in all the circumstances, whether or not the provision is needed for maintenance. That is a more generous standard. As a cross-check, the court considers what the applicant might have received had the marriage or civil partnership ended in divorce or dissolution rather than death, but since 2014 the Act has been explicit that this figure sets neither a floor nor a ceiling. For everyone else, the test is whether the provision is sufficient for the applicant’s maintenance (which can include housing and other recurring needs and is not limited to bare subsistence).

The court will look at several factors when making this assessment.

The applicant’s current financial resources and needs
The financial resources and needs of any other applicant and of the beneficiaries
The size and nature of the estate
Any physical or mental disability of the applicant
Any obligations and responsibilities the deceased had towards the applicant or any beneficiary
Any conduct of the applicant or any other person that the court considers it would be inequitable to disregard

For example, if an estate is worth £80,000 and there are several competing claimants, the court will consider the competing needs, and the limited size of the estate may restrict the provision it can make. The size of the pot matters.

The time limit for making an Inheritance Act claim

This is critical. You must issue your claim at court within six months of the date on which representation is first taken out, which in practice means the date probate (or letters of administration, the equivalent document when there is no will) is granted. Since October 2014 a claim can also be issued before a grant has been obtained.

Miss that deadline and you will need permission from the court to bring a late claim. Permission is discretionary and there is no guarantee it will be granted. Do not assume that an extension will be given simply because negotiations were ongoing.

If you think you have a inheritance tax claim, act quickly. Contact a specialist Inheritance Act solicitor today.

This is where standstill agreements come in. Parties often agree to hold off issuing while they negotiate, but a standstill agreement is not binding on the court. In Cowan v Foreman [2019] EWCA Civ 1336 the Court of Appeal declined to condemn the practice and said that where both sides are legally represented a court is unlikely to refuse to endorse it. Even so, the safer course is usually to issue a protective claim inside the six months and then ask the court to stay it while negotiations continue.

The practical lesson is this: take legal advice as soon as possible after a grant of probate if you think you may have grounds for a claim. Do not wait.

What evidence do you need?

Strong evidence is what separates a viable claim from one that fails. You will generally need to gather the following.

Financial evidence. Bank statements, payslips, mortgage or rental agreements, utility bills, and a clear picture of your outgoings. The court needs to understand your financial position in detail.

Evidence of the relationship. Correspondence, photographs, records of shared living, witness statements from people who knew both you and the deceased. If you are a cohabitant, evidence of the two-year period of living together is essential.

Evidence of promises or representations. If the deceased made promises about what you would receive, anything that supports that (letters, emails, texts, or witness accounts) becomes important.

The will and any earlier wills. Seeing how the deceased’s intentions changed over time can be relevant.

Medical evidence. If your claim rests on disability or dependency, medical records and expert reports may be needed.

Your solicitor will advise you on which evidence is most relevant to your specific circumstances.

Why you need a contentious probate solicitor

An Inheritance Act claim is a form of contentious probate (a legal dispute about a deceased person’s estate). It is not a process to attempt without specialist legal help.

A contentious probate solicitor specialising in Inheritance Act claims will assess whether your claim has merit before you spend money pursuing it. They will identify the right legal category for your claim, gather the evidence needed, and negotiate on your behalf before the matter ever reaches a courtroom.

Costs in contentious probate cases can be significant. In many cases, an unsuccessful claimant will be ordered to pay the other side’s legal costs. That risk makes professional advice essential, not optional. Funding matters too. In Hirachand v Hirachand [2024] UKSC 43 the Supreme Court held that a success fee under a no-win, no-fee agreement cannot be recovered as part of a 1975 Act award, so a claimant funding a case that way meets the uplift out of whatever they receive.

How to find the right solicitor

Look for a solicitor who specialises in contentious probate and has specific experience of Inheritance Act claims. Ask about their track record, their fee structure, and whether they offer a free initial consultation. Many do.

You can find solicitors through The Probate Network, where you can book a free consultation with an SRA-regulated contentious probate solicitor.

Grounds for an Inheritance Act claim: a summary

The court approaches this in two stages. First it decides whether the will or the intestacy rules failed to make reasonable financial provision for you. Only if the answer is yes does it go on to decide what provision to make. So there are two things to establish:

You fall within one of the eligible categories of applicant
The deceased’s estate (whether distributed by will or intestacy) fails to make reasonable financial provision for you

If you establish both, the court moves to the second stage, where it weighs the factors set out in section 3 of the Act and decides what provision, if any, to award. Nothing about that stage is automatic. A claim that clears the first stage but rests on weak evidence, or where the applicant’s own conduct is questionable, may still come away with little or nothing.

The step-by-step process for making an Inheritance Act claim

Here is a straightforward summary of how the process works in practice.

Step 1: Take legal advice promptly. Instruct a contentious probate solicitor as soon as you know probate has been granted. The six-month clock starts running from that point.

Step 2: Initial assessment. Your solicitor will review the will, the estate, your relationship with the deceased, and your financial position. They will give you an honest assessment of your prospects.

Step 3: Gather evidence. Working with your solicitor, compile the financial, relational, and documentary evidence your claim will need.

Step 4: Send a letter of claim. Before issuing court proceedings, your solicitor will usually write to the executors or other beneficiaries to set out your claim. This opens the door to negotiation.

Step 5: Negotiate. Most Inheritance Act claims settle before they reach a final court hearing. Both sides have an incentive to avoid the cost and uncertainty of a trial. Mediation (a structured negotiation process with a neutral third party) is commonly used.

Step 6: Issue proceedings if necessary. If negotiation fails, your solicitor will issue a claim before the six-month deadline. In the High Court, proceedings under the Act may be issued in either the Chancery Division or the Family Division. The county court also has unlimited jurisdiction over these claims, so the venue turns on the complexity and value of the case rather than on any estate-size threshold.

Step 7: Directions and disclosure. The court sets a timetable. Both sides exchange documents and evidence. Expert reports may be ordered.

Step 8: Settlement or trial. The vast majority of cases still settle at this stage. If they do not, the matter proceeds to a final hearing where a judge decides.

Why settling out of court is usually the better outcome

Settling an Inheritance Act claim out of court saves time, money, and stress for everyone involved. A contested trial in the High Court can take well over a year to reach a hearing and cost tens of thousands of pounds in legal fees.

Settlement also gives both sides control. A negotiated outcome can be flexible, including lump sums, property transfers, or staged payments. A judge’s order cannot always achieve that flexibility.

In addition, settlement can help keep the matter private. Court proceedings are generally a matter of public record. For many families, that alone is a compelling reason to resolve matters without a hearing.

However, settlement only works when both sides negotiate in good faith. If the executors or beneficiaries refuse to engage, issuing proceedings is sometimes the only way to bring them to the table.

A note on Inheritance Act claims and the wider estate dispute process

An Inheritance Act claim is one of several ways to challenge or dispute how an estate is administered. You may also have grounds to challenge the validity of a will itself, for example on the basis of undue influence or lack of testamentary capacity. We cover that in detail in a separate article on contesting a will.

It is also worth noting that an Inheritance Act claim does not necessarily mean the will is invalid. The two things are distinct. You can accept that a will is legally valid and still argue that it fails to make reasonable financial provision for you.

FAQs

How long do I have to make an Inheritance Act claim?

You have six months from the date on which a grant of representation is first taken out to bring your claim at court. After that deadline, you need the court’s permission to proceed, and that is not guaranteed. Take legal advice as soon as possible after probate is granted.

Can an adult child make an Inheritance Act claim if they are financially independent?

Yes, though the test is harder. The court will want clear reasons to interfere with the deceased’s wishes. Financial need, broken promises, or evidence of historic dependency all strengthen a claim. Being financially comfortable does not automatically bar you, but it does reduce your prospects.

Does an Inheritance Act claim have to go to court?

No. The majority of Inheritance Act claims settle through negotiation or mediation before reaching a final hearing. Settling out of court is usually faster, cheaper, and gives both sides more control over the outcome. Court proceedings are sometimes necessary to bring the other side to the table, but a trial is relatively rare.

What happens if there is no will?

The 1975 Act applies whether or not the deceased left a will. If someone died intestate (without a valid will), the estate is distributed under the rules of intestacy. If those rules fail to make reasonable financial provision for an eligible applicant, an Inheritance Act claim can still be brought against the estate.