Inheritance Act 1975 Claims: Who Can Apply and What They Can Claim

Who can make an Inheritance Act 1975 claim and what can they receive?

1The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) allows certain people to apply to court for reasonable financial provision from an estate
2Who can apply: spouse or civil partner, former spouse/civil partner not remarried, cohabitant of 2+ years immediately before death, child of the deceased, person treated as a child of the family, and person being maintained by the deceased
3The claim must be issued within 6 months of the grant of probate or letters of administration — this is a strict statutory deadline
4Spouses and civil partners are entitled to such provision as is reasonable in all the circumstances — a higher standard than other applicants who are limited to maintenance
5Courts have wide powers including lump sums, periodical payments, transfers of property, and variation of trusts

Six categories of person can apply under the Inheritance Act 1975: spouse, former spouse (not remarried), cohabitant (2+ years), child, person treated as child of family, and financial dependant. The 6-month deadline from grant is strict. Courts award reasonable provision — a higher standard for spouses.

The Inheritance Act 1975 is one of the most important and frequently used tools in estate disputes. It does not challenge the validity of the will — instead, it allows certain people to ask the court to override the will (or intestacy) and make reasonable financial provision for them where the will has failed to do so.

This guide explains who can apply, the test the court applies, the 6-month deadline, the orders the court can make, and the factors courts consider when exercising their discretion.

Who Can Apply Under the Inheritance Act 1975?

Section 1 of the I(PFD)A 1975 lists six categories of applicant:

Spouse or civil partner: The surviving spouse or civil partner of the deceased, including those who were separated but not divorced
Former spouse or civil partner not remarried: A former spouse or civil partner who has not remarried or formed a new civil partnership. (If they have remarried, they generally cannot claim)
Cohabitant (section 1(1A)): A person who, during the whole of the period of 2 years ending with the date of death, was living in the same household as the deceased and as the husband, wife, or civil partner of the deceased. For more detail, see our guide on Inheritance Act claims by unmarried partners
Child of the deceased: This includes illegitimate children and children adopted by the deceased. It also includes adult children — though the test is harder for adults. See our guide on Inheritance Act claims by adult children
Person treated as a child of the family: Someone who was treated as a child of the family in relation to a marriage or civil partnership of the deceased — for example, a stepchild
Dependant of the deceased: Any person who was being maintained by the deceased immediately before their death. “Maintained” means the deceased was making a substantial contribution to the person's reasonable needs, which was not full valuable consideration

The Test: Reasonable Financial Provision

The court must determine whether the disposition of the estate (by will or intestacy) failed to make reasonable financial provision for the applicant. There are two standards:

For spouses and civil partners (section 1(2)(a)): Such financial provision as it would be reasonable in all the circumstances for a husband/wife/civil partner to receive, whether or not required for their maintenance. This is a higher standard — similar to a divorce financial settlement
For all other applicants (section 1(2)(b)): Such financial provision as it would be reasonable for them to receive for their maintenance. This is a lower maintenance standard

The 6-Month Deadline: Critical and Strict

Under section 4 of the I(PFD)A 1975, an application must be made to the court within 6 months from the date on which representation with respect to the estate of the deceased is first taken out — in other words, within 6 months of the grant of probate or letters of administration.

Key points about the deadline:

The court has discretion to allow a claim out of time under section 4, but this discretion is exercised sparingly
The factors courts consider include: why the claim was not made in time, whether the estate has already been distributed, and the merits of the claim
The longer the delay, the harder it is to obtain an extension, particularly if assets have been distributed
To monitor when the grant is issued, use a standing search — see our guide on standing searches in probate

Factors the Court Considers (Section 3)

Section 3 of the I(PFD)A 1975 lists the factors the court must have regard to. For all applicants these include:

The financial resources and financial needs of the applicant now and in the foreseeable future
The financial resources and financial needs of other applicants and beneficiaries
The obligations and responsibilities the deceased had towards the applicant and beneficiaries
The size and nature of the estate
Any physical or mental disability of the applicant or any beneficiary
Any other matter including the conduct of the applicant or any other person

For spouses and civil partners, the court additionally considers the age of the applicant, the duration of the marriage, and the contribution made to the family welfare.

Orders the Court Can Make

Under section 2 of the I(PFD)A 1975, the court can make any of the following orders:

Periodical payments from the estate
A lump sum payment
Transfer of specific property from the estate to the applicant
Settlement of property
Acquisition of property and its transfer to the applicant
Variation of any ante-nuptial or post-nuptial settlement to which the deceased was a party

Practical Steps

Enter a standing search to be notified when the grant is issued — see standing searches
Enter a caveat if you want to stop the grant being issued while you gather information — see how to enter a caveat
Consult a specialist contentious probate solicitor as soon as possible — do not wait for the 6 months to pass
Compile evidence of your financial needs, the size of the estate, and your relationship with the deceased
Consider mediation — see mediation in estate disputes
Issue the claim before the 6-month deadline even if negotiations are ongoing — you can always discontinue if the matter settles

For the non-contentious estate administration, see our estate administration checklist, our complete UK probate guide, and our guide on what happens if there is no will.