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When someone dies and leaves a will, the expectation is that their wishes will be followed. But English and Welsh law recognises that strict adherence to a will can sometimes leave dependants without adequate support. The Inheritance (Provision for Family and Dependants) Act 1975 gives certain people the right to apply to the court for "reasonable financial provision" from the estate — even if the will explicitly excluded them, or even if there was no will at all.
The 1975 Act sets out six categories of people who are entitled to apply under section 1(1). You must fall into at least one of these categories to bring a claim.
A surviving spouse or civil partner can apply regardless of what the will says. This category attracts the highest standard of provision — not merely what is needed for maintenance, but what is "reasonable in all the circumstances". Courts often look at what the claimant would have received on divorce as a starting point.
A former spouse or civil partner can apply provided they have not since remarried or formed a new civil partnership. This category applies even if a financial consent order was made on divorce — though the existence of that order will weigh against the claim.
A person who lived with the deceased in the same household for at least two years immediately before the death, as if they were a spouse or civil partner. The two-year period is strict — a couple who had lived together for 18 months would not qualify. Temporary separations (such as one party being in hospital) do not break the period if the cohabiting relationship continued.
Any child of the deceased may apply — there is no age limit. Adult children regularly bring successful claims, although the courts scrutinise these carefully. An adult child who is financially self-sufficient and able-bodied will face a higher hurdle than a child with a disability or financial dependency.
Someone treated by the deceased as their own child — for example, a stepchild — can apply. The key question is whether the deceased treated that person as a child of the family in the context of a marriage or civil partnership.
Any person who was being maintained, wholly or partly, by the deceased immediately before the death. This is a broad category that can include a friend, sibling, or carer. "Maintenance" means the deceased was making a substantial contribution to the claimant's reasonable needs — not necessarily full financial support.
Under section 4 of the 1975 Act, a claim must be issued in court within six months of the date on which the grant of probate (or letters of administration) was first taken out. This is a hard deadline that courts take seriously.
Do not wait
If you think you may have a claim, seek legal advice as soon as possible — ideally before probate is even granted. The six-month clock starts from the date the grant is issued, not from when you find out about the will.
The court does have discretion to allow a late claim under section 4, but it uses this power sparingly. Courts will want to know why the claim was not brought in time and will consider whether the estate has already been distributed. Once assets have been paid out to beneficiaries, recovering them is far harder.
Note for executors
As a precaution, executors and administrators are generally advised not to distribute the estate until at least six months have passed since the grant of probate. If you distribute early and a valid claim is later made, you may be personally liable to repay the distributions.
The Act applies two different standards depending on who is making the claim.
For a surviving spouse or civil partner, the court asks what provision it would be reasonable for them to receive in all the circumstances — regardless of whether that provision is needed for maintenance. This is a significantly broader test. Courts frequently look at what the claimant would have received had the marriage ended in divorce rather than death (the "divorce cross-check"), though this is not a binding ceiling.
For all other categories of claimant, the test is whether the will or the intestacy rules fail to make reasonable provision for the claimant's maintenance. "Maintenance" has been interpreted broadly by the courts to include housing, food, medical care, and other living needs — but it is not intended to enrich the claimant or provide for luxuries. It is pitched at a level sufficient to allow the claimant to live at a standard appropriate to the circumstances.
Under section 3 of the 1975 Act, the court must consider a range of factors when deciding whether to make an order and what form it should take:
For surviving spouses and civil partners, the court additionally considers: the age of the claimant, the duration of the marriage or civil partnership, and the contribution made by the claimant to the welfare of the family (including caring for the home and bringing up children).
If the court is satisfied that the will or intestacy has not made reasonable financial provision for the claimant, it has wide discretion over the form of the order. Possible awards include:
The court will always try to achieve an outcome that is fair to both the claimant and the other beneficiaries. Orders can be varied later if circumstances change.
A claim under the 1975 Act follows a broadly similar path to other civil litigation:
Mediation is almost always better
The vast majority of 1975 Act claims settle before trial — often through mediation. Even a modest settlement reached early will usually be better than years of litigation and the emotional cost that brings.
If you are an executor or administrator and you receive notice of a potential claim — whether by letter, solicitor's correspondence, or court papers — you must stop distributing the estate immediately.
If you distribute the estate after receiving notice of a claim, and that claim succeeds, you may be personally liable to repay the distributions. This is not a risk you can pass on to the beneficiaries — it attaches to you as executor. Seek legal advice as soon as any claim is notified.
As a general precaution, executors are advised not to make any distributions within the first six months of the grant of probate, even if no claim has been signalled, unless the circumstances make it clear that no claim is likely.
Litigation is expensive
Even a relatively straightforward 1975 Act claim can cost tens of thousands of pounds in legal fees if it reaches trial. Even if you win, you may not recover all your costs — and in some cases the court may order that costs come out of the estate, reducing what everyone receives. Legal aid is not available for claims under the 1975 Act.
Many solicitors offer Conditional Fee Agreements (CFAs — often called "no win, no fee") for 1975 Act claims. These can reduce the financial risk, but you should understand exactly what percentage of any recovery the solicitor will take as their success fee.
Mediation typically costs a fraction of litigation — often a few thousand pounds for a full-day session between the parties. If settlement is reached at mediation, both sides avoid the much higher cost and delay of a court hearing.
If you are dealing with an estate — whether as a potential claimant or as an executor — these guides may help:
Step-by-step probate application process, forms needed, costs, and typical timeframes for grant of probate.
Not sure if you need probate? Use this guide to understand the process and gather everything you'll need.
Probate needed if estate has property or over £50K. Joint accounts exempt. Check bank thresholds: HSBC £50K, smaller banks £15K.
Complete checklist of documents needed for probate in the UK. From death certificates to asset valuations - everything executors need to gather for probate applications.
Situations where probate isn't required, including small estates, joint assets, and nominated beneficiaries.
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