10 April 2026
When someone passes away, their estate is usually distributed in accordance with their Will or, if there is no Will, under the rules of intestacy. In many cases this reflects what the person intended. However, there are situations where the outcome may feel unfair, particularly for those who were financially dependent on the deceased or who expected to be provided for.
An Inheritance Act claim allows certain individuals to challenge the distribution of an estate if they believe that reasonable financial provision has not been made for them. These claims are made under the Inheritance (Provision for Family and Dependants) Act 1975, which applies in England and Wales.
Rather than disputing whether a Will is valid, an Inheritance Act claim focuses on whether the financial outcome is reasonable in the circumstances. The court has the power to adjust how the estate is distributed to ensure appropriate provision is made.
Who can bring a claim?
The law sets out specific categories of people who may be eligible to bring a claim.
A spouse or civil partner of the deceased can apply, and this includes those who were separated but not formally divorced at the time of death. Former spouses or civil partners may also be able to claim, provided they have not remarried or entered a new civil partnership.
Children of the deceased, including adult children, can bring a claim. This can extend to individuals treated as a child of the family, such as stepchildren.
Unmarried partners may also qualify if they lived with the deceased for at least two years immediately before death, in a relationship akin to marriage or civil partnership.
Finally, anyone who was being financially maintained by the deceased at the time of their death may be eligible. This can include a wide range of individuals, depending on the circumstances.
What does the court consider?
Each case is assessed on its own facts. The court will consider factors such as the applicant’s financial needs and resources, the size and nature of the estate, and any obligations the deceased had towards the applicant or other beneficiaries.
For spouses and civil partners, the standard is what would be reasonable in all the circumstances, which can sometimes result in more substantial provision. For other applicants, the focus is usually on what is required for their maintenance.
It is also important to note that there are strict time limits. In most cases, a claim must be brought within six months of the grant of probate, so early advice is essential.
Taking the next step
Inheritance Act claims can be sensitive and complex, particularly where family relationships are involved. Seeking advice at an early stage can help you understand your position and the options available.
If you believe you may have a claim, or if you are concerned about a potential challenge to an estate, our specialist team can guide you through the process. Get in touch with Ed Capstick on 01628 962223 or email ed.capstick@blasermills.co.uk.