LEGAL GUIDE · ENGLAND & WALES
If someone close to you has died and their will has left you without adequate financial support, you may have the right to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975. Eligibility is strictly defined by statute — understanding where you stand is the essential first step. At NJS Law, our specialist contentious probate solicitors handle Inheritance Act claims across England and Wales.
The Act gives certain categories of person the right to apply to the court for ‘reasonable financial provision’ from a deceased person’s estate. Crucially, the Act does not require you to prove that the will is invalid — your claim is that the will fails to make reasonable financial provision for you. This is distinct from contesting a will’s validity (which argues the will itself is legally defective).
Broadest entitlement; spousal standard of provision applies — whatever is reasonable in all the circumstances.
If not remarried; prior financial settlement scrutinised carefully.
Including adult children. Maintenance standard applies; financial need is the primary focus.
Stepchildren and others. Factual test — the nature of the relationship in practice.
Must have lived in the same household as husband and wife (or civil partner equivalent) for the two years immediately before death.
Any person maintained by the deceased immediately before death — including through free accommodation or payment of bills.
You must issue your claim within six months of the grant of probate or letters of administration. This deadline is strict. Courts exercise discretion to allow late claims sparingly. Contact NJS Law as soon as possible.
📞0800 6525 656
📧probate@njslaw.co.uk
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Yes. Adult children are eligible, though the court requires demonstration of financial need.
Yes, provided you lived in the same household as husband and wife or civil partner for at least two years up to the date of death.
No. You can bring a claim even if not mentioned in the will, provided you fall within one of the six eligible categories.
Yes. If the intestacy rules do not make reasonable financial provision for you and you fall within an eligible category, you can apply under the Act.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s will disputes service page.
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