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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.
Section 1 of the I(PFD)A 1975 lists six categories of applicant:
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:
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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:
Section 3 of the I(PFD)A 1975 lists the factors the court must have regard to. For all applicants these include:
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.
Under section 2 of the I(PFD)A 1975, the court can make any of the following orders:
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.
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