The Inheritance (Provision for Family and Dependants) Act 1975: what it is and why it exists
The Inheritance (Provision for Family and Dependants) Act 1975 applies where the person who died was domiciled in England and Wales at the date of death. It allows certain people to ask the court for reasonable financial provision from the estate if the will or intestacy rules do not make such provision for them. If you were financially dependent on someone who has died, or you are their child or were treated by them as a child of the family, the Act may be relevant to you.
This article introduces the Act, explains the history behind it, and sets out what it was designed to achieve.
Why Parliament passed the Act
Before 1975, the protection available to family members left without adequate provision was narrower. The Inheritance (Family Provision) Act 1938 gave a limited remedy to a surviving spouse and certain children, but it did not cover cohabitants or the wider range of financial dependants protected today.
By the early 1970s, Parliament recognised that the law needed updating. Family structures and patterns of financial dependence had changed, while the existing legislation did not adequately address cohabiting relationships, blended families or the position of some stepchildren and other dependants.
What the Act was designed to achieve
The Act had a clear purpose. It aimed to ensure that eligible family members and dependants were not left without reasonable financial provision. This applies whether the deceased left a will or died intestate.
It did not set out to override testamentary freedom, which is the principle that a person may decide how their estate should be distributed, entirely. However, the Act gives the court power to intervene where the will or intestacy rules fail to make reasonable financial provision for an eligible applicant.
The standard the court applies
The court asks one central question: did the will or the intestacy rules make reasonable financial provision for the applicant? The difficult part is often establishing what ‘reasonable’ means in the circumstances, because there is no one-size-fits-all answer. This is illustrated in our article Examples of Successful and Unsuccessful Inheritance Act Claims.
For most applicants, reasonable financial provision is limited to what would be reasonable for their maintenance. This can include provision for day-to-day living costs and housing, depending on the circumstances. For a surviving spouse or civil partner, the standard is wider: it is the provision that would be reasonable in all the circumstances, whether or not it is required for maintenance. As a cross-check, the court considers what the applicant might reasonably have expected to receive if the marriage or civil partnership had ended by divorce or dissolution rather than death, but that comparison sets neither a floor nor a ceiling.
Who can bring a claim under the Inheritance Act
The 1975 Act specifies exactly who is eligible to apply. The categories are:
- 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 child of the deceased, including adult children
- A person who was treated by the deceased as a child of the family, which can include a stepchild or another person for whom the deceased assumed a parental role
- A cohabitant who, throughout the two years immediately before the death, lived in the same household as the deceased as if they were married or civil partners
- Any other person who, immediately before the death, was being maintained wholly or partly by the deceased
Each category carries its own rules and considerations. Courts assess claims by children differently from claims by a surviving spouse or civil partner. A former spouse or civil partner should also check the terms of any financial order made on divorce or dissolution, because an order may bar a later claim under the 1975 Act.
For cohabitants, a specific qualifying condition applies. They must have lived in the same household as if they were married or civil partners throughout the two years immediately before the death.
For that reason, we cover these scenarios in separate articles:
Time limits for making a claim
A claimant must normally apply within six months of the date on which a grant of representation is first taken out, whether that is a grant of probate or letters of administration. Since 2014, a claim can also be issued before a grant has been obtained. The court has discretion to allow a late claim, but an extension is not automatic and will depend on all the circumstances. Delay can be especially problematic once the estate has been distributed.
What the court considers
The court weighs a range of factors set out in the Act. These include the financial resources and needs of the applicant, the size and nature of the net estate, and the resources and needs of any other applicants and beneficiaries. It also considers any obligations and responsibilities the deceased had towards an applicant or beneficiary, any physical or mental disability of an applicant or beneficiary, and any other matter, including conduct, that the court considers relevant in the circumstances.
Contentious Probate Solicitor Dominic Green, from Child and Child Solicitors, explains: “The Inheritance Act provides an important safeguard, but it does not mean that someone can challenge a will simply because they are disappointed with what they have inherited. The court looks closely at the relationship with the person who died, the claimant’s financial circumstances, the needs of other beneficiaries and the estate as a whole. These cases are highly fact-specific, which is why taking specialist advice at an early stage can be so important.”
How the court reaches a decision
The court balances the competing interests of everyone with a stake in the estate. It does not favour one party automatically. For that reason, both sides of a claim require careful preparation.
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Outcomes vary considerably. Examples of successful and unsuccessful Inheritance Act claims show how much the facts of each case matter. The court’s decision depends heavily on individual circumstances.
How the Act has developed since 1975
Courts and Parliament have both shaped the 1975 Act since it came into force. Cohabitants were not covered by the original Act. A dedicated category was added by the Law Reform (Succession) Act 1995, which introduced the two-year qualifying period. The Civil Partnership Act 2004 later extended the Act to civil partners.
The most significant statutory changes came through the Inheritance and Trustees’ Powers Act 2014, which took effect on 1 October 2014. It widened the ‘child of the family’ category to cover any family in which the deceased stood in the role of a parent. It removed the former ‘balance sheet’ approach to maintenance, under which support provided by the applicant to the deceased could prevent a claim. It also allowed claims to be issued before a grant of representation and confirmed that the divorce cross-check for spouses sets neither a lower nor an upper limit on an award.
Inheritance Act case law has also changed how the Act works in practice. Courts have clarified how to assess a claimant’s financial needs and how to value contributions made to the deceased’s household. They have also addressed how to handle claims involving large or complex estates.
The Act today
The Inheritance (Provision for Family and Dependants) Act 1975 remains the principal tool for challenging provision made under a will, or under the intestacy rules (the rules that apply when there is no will), in England and Wales. It reflects a balance between two principles: the right of a person to decide what happens to their estate, and the responsibility that some relationships create.
That balance is not always straightforward. However, the Act gives courts a structured framework for reaching a decision.
Further reform may be on the way for cohabitants. On 5 June 2026, the Ministry of Justice launched its consultation, ‘A fairer end to relationships’. It included proposals to give qualifying cohabitants automatic rights on intestacy and to remove the qualifying time period for a cohabitant seeking financial provision from a deceased partner’s estate where they had children together. The consultation closed on 14 August 2026, and the government’s response is awaited.
Getting advice on a 1975 Act claim
Whether you are considering making a claim or you are an executor defending against one, the 1975 Act raises detailed legal questions. The outcome depends on the specific facts of the estate, the relationship between the parties, and the financial circumstances involved.
For advice on your own situation, speak to a qualified solicitor with experience in inheritance act claims. You can request a free legal consultation through The Probate Network.
This article is for general guidance only and does not constitute legal advice. The law can change, and every estate is different.
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