Guide to Claims for Reasonable Financial Provision Under the Inheritance Act

Losing someone you care about is hard enough, but it can be a double blow to discover that their
Will (or the intestacy rules if they didn’t make a Will) leaves you with no share of their estate or
inadequate financial support.

If your grief is compounded by worries about how you will cope financially, or you think the Will or
intestacy rules aren’t fair and don’t make reasonable financial provision for you, then you may be
able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The 1975 Act allows the court to adjust the provisions in the Will or the intestacy rules so you
receive reasonable financial provision.

In this guide, Evolve Family Law helps you understand whether you or others could bring an estate
claim, what reasonable financial provision under the Inheritance Act 1975 means, and how Evolve
Family Law can support you with empathetic, expert legal advice.

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This guide covers:

• Who can Make a Claim Under the Inheritance Act 1975?
• 1975 Act Claims as a Child Applicant
• 1975 Act Claims as a Financial Dependent
• What Counts as Reasonable Financial Provision Under the Inheritance Act?
• Reasonable Financial Provision for Spouses and Civil Partners and Other Claimants
• Examples of Inheritance (Provision for Family and Dependants) Act Claims
• Time Limits for Inheritance (Provision for Family and Dependants) Act Claims
• Evidence Needed for an Inheritance (Provision for Family and Dependants) Act Claim
• Making an Inheritance (Provision for Family and Dependants) Act Claim
• Evolve Family Law and Inheritance Act Claims
• Frequently Asked Questions on Inheritance Act Claims

Who can the Inheritance (Provision for Family and Dependants) Act 1975 Help?

The Inheritance (Provision for Family and Dependants) Act 1975 can help you if:

1. You fall within the class of people who have a right to bring an inheritance claim, and
2. You were left out of the Will, or the Will didn’t make reasonable financial provision for you, or
3. The deceased didn’t leave a Will, and you either aren’t entitled to anything under the intestacy rules or the intestacy rules don’t make reasonable financial provision for you

It’s daunting to think of court claims when you have lost someone. Our inheritance dispute solicitors will support and guide you through the process of putting things right, so you get reasonable financial provision.

Who can Make a Claim Under the Inheritance Act 1975?

The Inheritance Act 1975 sets out the categories of people who may be eligible to claim reasonable financial provision out of an estate.

You can claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if you were the deceased’s:

1. Spouse – husband, wife or civil partner
2. Former spouse or civil partner – provided that you haven’t remarried or entered into a civil partnership
3. Cohabitant or unmarried partner, and you lived with the deceased for at least two years immediately before their death as if you were married or in a civil partnership
4. A child – children are widely defined in the Act
5. Financial dependant who doesn’t fall within any of the other categories, but immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased

You may find it difficult to work out if you can make a claim against an estate if you are unsure of your rights as a former spouse with a financial court order, or you were an unmarried partner or an adult child. Our estate claim lawyers will cut through the legalese of the 1975 Act and explain if you fall within the definition of a potential claimant and outline the next steps.

It isn’t unusual for there to be several potential claimants, such as an unmarried partner, former spouse and the deceased’s adult or young children. A specialist Inheritance Act lawyer can assess any competing claims and outline the court process if you have been left out of a Will or if there is no Will.

1975 Act Claims as a Child Applicant

Under the 1975 Act, a child includes:

• Biological children (from married and unmarried parental relationships)
• Adopted children
• Children treated as a child of the family (such as stepchildren or children raised by the deceased and treated as a member of the family)

If you fall within the definition of a child, you don’t need to be under 18 to bring a claim.  An inheritance disputes lawyer can explain how your adult child claim will be assessed if other family members say that they need financial provision, such as a second wife or someone says they were financially dependent on the deceased.

1975 Act Claims as a Financial Dependent

The 1975 Act states that you can only bring a financial dependent claim if you were:

1. Being maintained by the deceased (either wholly or partly) and
2. The deceased was making a substantial contribution in money or money’s worth towards your reasonable needs and
3. The deceased’s contribution towards your finances wasn’t a commercial agreement, such as an employment contract between employer and housekeeper

What Counts as Reasonable Financial Provision Under the Inheritance Act?

You need to know what reasonable financial provision you may get before you make an inheritance claim. There’s no blanket answer, as in every 1975 Act claim the court considers:

1. Your financial needs and resources – now and in the future
2. The size and nature of the deceased’s net estate after taxes have been paid
3. The obligations and responsibilities the deceased had toward you or any other claimant or beneficiary
4. Any physical or mental health needs of all claimants and beneficiaries
5. The financial resources and needs of any other 1975 Act claimants or Will or intestacy rule beneficiaries– now and in the future
6. Any other matter, such as the conduct of a claimant or any other person

Reasonable Financial Provision for Spouses and Civil Partners and Other Claimants

The amount you’ll receive as reasonable financial provision depends on your status, as the 1975 Act distinguishes between:

• Husbands, wives and civil partners, and
• All other claimants.

Spouses and civil partners

If you are a spouse or civil partner (and there was no judicial separation order), the court can order such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance.

Non-spouse claims

If you aren’t a spouse or civil partner, the 1975 Act claim limits your reasonable financial provision claim to such financial provision as it would be reasonable in all the circumstances of the case for you to receive for maintenance.

Examples of Inheritance (Provision for Family and Dependants) Act Claims

You may think you are on your own in having to make a 1975 Act claim against an estate, but here are some of the typical scenarios where inheritance  dispute solicitors can help you:

• You were the deceased’s unmarried partner, and they either didn’t get round to making a Will or their Will was old and doesn’t mention you, or you were left out of a Will
• You are one of the deceased’s children and because your parent remarried, the majority of the estate goes to their new spouse under the intestacy rules
• You’d separated from the deceased, and they’d changed their Will, but you hadn’t signed a financial settlement to get a fair share of the family assets before their death
• You were the deceased’s former spouse and were reliant on them for spousal maintenance
• The deceased made a Will unexpectedly favouring someone they hadn’t known long
• You think the Will is unfair as it doesn’t treat all the deceased’s children equally
• You were financially dependent on the deceased, but the Will or the intestacy rules don’t reflect this

There’s no need to be embarrassed about disinheritance or making an estate claim. Many people can find themselves in your situation; unsure where to turn and worried about what the extended family will think if they bring a claim. A discussion with an inheritance disputes solicitor doesn’t commit you to bringing a claim, but it will help you understand if you have the right to bring a claim and give you information about the claim process.

Time Limits for Inheritance (Provision for Family and Dependants) Act Claims

The law says you have six months from the date of the grant of probate to make a claim.  Missing the deadline can either make your claim significantly harder or even prevent you from making a claim.

At Evolve, we emphasise the need for early Inheritance Act advice because:

1. You need time to decide whether to make a claim
2. Evidence is easier to gather if you don’t leave your claim to the deadline
3. You may be able to negotiate a settlement within the six-month deadline so you  don’t need to start court proceedings

If you are close to the deadline, urgent action is essential.

Evidence Needed for an Inheritance (Provision for Family and Dependants) Act Claim

A successful claim under the 1975 Inheritance Act requires clear evidence on:

1. Your relationship to the deceased
2. The deceased’s obligations toward you
3. Your financial needs

You may be able to easily prove your relationship to the deceased by producing a marriage certificate or birth certificate.

You’ll need more extensive evidence of your relationship to the deceased if you are claiming as an unmarried partner of two plus years or because you were financially dependent.  In these situations, Evolve Family Law will work out the best evidence to prove your claim status, such as historical council tax or utility bills that prove you were living with the deceased for over two years or were financially dependent on them.

Our lawyers will spend time assessing how best to evidence your financial needs and putting those needs into context with the size of the deceased’s estate, your relationship and financial needs and any other competing claims under the Will, intestacy rules or the 1975 Act. It’s important to consider any competing claims and the extent of the other beneficiaries’ needs, as the court will need to assess them when deciding whether to make an order.

Making an Inheritance (Provision for Family and Dependants) Act Claim

As your Inheritance Act lawyers, it’s our job to look out for your financial interests and make sure that you receive the reasonable financial provision you need from the estate. That’s achieved by:

1. Our initial assessment of your potential claim
2. Evidence and information gathering
3. Pre-claim negotiation to see if reasonable financial provision can be negotiated
4. Mediation and alternative dispute resolution
5. Issuing the claim
6. Court hearings and specialist representation
7. Implementation of the court order

The timing of issuing the claim is important, as the claim stops the estate from being distributed under the terms of the Will or in accordance with the intestacy rules.

Whilst there is a standard claims process, every 1975 Act claim is different because:

• There may be no time to negotiate or mediate before starting court proceedings because a delay risks you being time-barred from bringing a claim
• The deceased had a complicated family dynamic with several family members having competing claims, such as a step-parent or half-siblings, and the complexities of the blended family make it hard to mediate
• The Will left the entire estate to a national charity, which is challenging the claim

Evolve Family Law and Inheritance Act Claims

Evolve Family Law is a first choice for estate claims because:

1. Our specialist lawyers will assess if you have a claim and give you realistic advice on your prospects for success once we know the size of the estate, your financial  needs and any competing claims
2. We believe in transparency from the outset; that involves clear pricing, clear expectations, and a clear plan so you know what to expect
3. We take a team approach, working with you on evidence gathering to prove your relationship with the deceased and the extent of your needs
4. We are committed to alternative dispute resolution – keeping your Inheritance  Act claim out of court and reaching a settlement to achieve reasonable financial provision for you without the expense and emotional costs of court proceedings
5. Our estate lawyers work with our expert family law solicitors. We have specialist knowledge on tap about the impact of separations, divorce proceedings and financial court orders
6. We are tough negotiators, but we never forget that in many cases the executors or beneficiaries under the Will or intestacy rules may be members of your family, so toughness needs to be tempered by sensitivity to your family situation
7. We will make sure you feel supported and informed at each stage of the 1975 Act claims process

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Frequently Asked Questions on Inheritance Act Claims

How can I prove my estate claim?

How you prove your estate claim depends on several factors, such as the nature of your relationship with the deceased, the extent of your financial needs and your requirement for reasonable financial provision from the estate.

Our Inheritance Act solicitors will gather information and advise on the best way to prove your claim. Their individual approach ensures that your claim is thoroughly assessed and prepared with attention to detail.

Is my Inheritance Act claim bound to fail because the deceased had children?

No, many successful Inheritance claims are made where the deceased had children, and the children are due to inherit all or a share of the estate under a Will or, if there is no Will, under the intestacy rules.

An Inheritance Act solicitor can assess your potential claim and advise on the prospects for success once they know about your needs and requirements for reasonable financial provision, the size of the estate and the competing claims.

I was disinherited. Can I make a 1975 Act claim?

Yes, you can, provided you fall within one of the categories of people entitled to bring a claim. An estate lawyer can look at all your options, including challenging the Will and making an Inheritance Act claim.

Will I have to go to estate claim mediation?

The court encourages all claimants and respondents to negotiate and use alternative dispute resolution (ADR) to settle claims. Mediation is one type of ADR. Estate lawyers recognise that mediating a 1975 Act claim can be tough, especially if you want to maintain relationships with family members with competing claims, if family tensions are running high or if you are estranged from family members.

At Evolve Family Law, we will talk you through all your ADR options and work out the best way to negotiate reasonable financial provision from the estate for you.     

Will I have to go to court to change the terms of my relative’s Will?

If you think your relative didn’t make reasonable financial provision for you in their Will, then you may have a potential claim under the Inheritance (Provision for Family and Dependants) Act. If the beneficiaries named in the Will agree that you should receive a share of the estate through solicitor negotiations or mediation, then a deed of variation can be prepared without the need for you to go to court to get an order.

Can I challenge the Will and make an Inheritance Act claim?

Yes, as you may have two valid claims. You can challenge the Will that cut you out from receiving a share of the estate if you have evidence that the deceased lacked capacity to sign a Will or was coerced into signing the Will. You may have a separate claim under the Inheritance Act because, if the court finds that the Will was valid, the Will didn’t make reasonable financial provision for you.

An estate lawyer can advise on whether it’s best to challenge the Will and make an Inheritance Act claim and how to focus on reaching a fair settlement.

How long does it take to make a court claim against an estate?

How long it takes to bring an estate claim depends on whether your inheritance disputes lawyer can negotiate reasonable financial provision for you, or whether you have to wait for a judge to rule on the merits of your claim and make an order for reasonable financial provision under the 1975 Act.

At Evolve Family Law, we focus on early evidence gathering to strengthen your negotiating position. We do our utmost to settle estate claims to avoid delay and the family fall-out that can result from court proceedings. At every step of your claim, we’ll keep you informed so you can decide whether settling or pursuing your court claim is in your best interests.

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