Month: June 2026

If you believe you have been left without reasonable financial provision from a loved one’s estate, taking legal action can feel overwhelming — particularly when you are already dealing with grief. Understanding the process from beginning to end makes it far less frightening and helps you work effectively with your solicitor to achieve the best possible outcome.

⚠️ The most urgent point: you must issue proceedings within six months of the date of the grant of probate (or letters of administration). Not the date of death. Not when you found out. The grant.

Step 1 — Free Initial Consultation

Speak with a specialist contentious probate solicitor — not your general solicitor. At NJS Law, your initial consultation is completely free and covers: your eligibility; review of the will and grant of probate; assessment of your claim’s strength; funding options including whether a no win no fee arrangement is available; and a realistic view of possible outcomes.

Step 2 — Identifying and Preserving Evidence

Identify and preserve all relevant evidence before it is lost. Evidence about you: income, assets, outgoings, debts, medical costs. Evidence about the deceased and your relationship: correspondence, texts, emails, financial support received. Evidence about the estate: the will, grant of probate, IHT account, asset details.

Step 3 — Instruction and Funding Agreement

You formally instruct NJS Law and agree the funding arrangement — CFA with subsequent ATE insurance if eligible. From this point, we handle all communications with the other side on your behalf. Do not contact the executors, beneficiaries or their solicitors directly.

Step 4 — Pre-Action Protocol and Letter of Claim

Before issuing court proceedings, the parties follow the Pre-Action Protocol for Inheritance and Trust Disputes. A detailed letter of claim is sent to the personal representatives setting out the legal basis, your financial position and the provision sought. A well-drafted letter of claim often prompts the first serious settlement discussion.

Step 5 — Financial Disclosure

Both sides provide detailed information about the estate, the financial positions of all beneficiaries, and the claimant’s needs. This transparency enables realistic negotiations. Parties who try to hide or minimise assets face serious legal consequences.

Step 6 — Negotiation

The vast majority of Inheritance Act claims settle through direct solicitor-to-solicitor negotiation after disclosure. NJS Law will advise you on the strength and reasonableness of any offer, and what an equivalent court order might look like. We never pressure clients to accept settlements that do not meet their genuine needs.

Step 7 — Mediation

If negotiation does not produce agreement, mediation is the next step. A trained, neutral mediator facilitates a structured, confidential day of discussion between the parties. In our experience, mediation succeeds in the majority of Inheritance Act cases where it is attempted. Courts expect parties to attempt mediation before resorting to litigation — refusal without good reason can result in a costs penalty.

Step 8 — Issuing Court Proceedings

If mediation and negotiation both fail, proceedings are issued in the appropriate court. This sets a formal timetable: exchange of witness statements, expert evidence, costs and case management conference, and a final hearing date. Most cases settle before trial — even after proceedings are issued.

Step 9 — Final Hearing and Order

At trial, the judge hears evidence and delivers a judgment. Orders available include: a lump sum payment; periodical income payments; transfer of a specific property or asset; a right to occupy a property; or a settlement of property on trust. The award is calibrated to the claimant’s demonstrated financial needs and the overall circumstances.

How Long Does a Claim Take Approximately?

Claims settling at negotiation stage: 3–9 months from instruction
Claims settling at or after mediation: 6–12 months
Claims proceeding to trial: 18–30 months for complex cases

📞0800 6525 656

📧probate@njslaw.co.uk

No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors

Frequently Asked Questions

How long does an Inheritance Act claim take?

Claims settling at negotiation stage often resolve in 3–9 months. Claims proceeding to trial can take 18–30 months or more.

Do I need to go to court?

Most Inheritance Act claims settle through negotiation or mediation. Court proceedings are issued when necessary but the majority of cases settle before a final hearing.

Who pays the legal costs?

The court has wide discretion. Costs may be ordered from the estate, or each party may bear their own costs. NJS Law will advise on the realistic costs outcome at each stage.

Can I bring an Inheritance Act claim and a will validity challenge at the same time?

Yes. They are separate proceedings but can be pursued simultaneously. NJS Law will advise on both routes and the most efficient way to pursue them together.

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 inheritance claims, including eligibility, time limits and the claims process, see NJS Law’s will disputes service page.

Reviewed by Adele Whittle, Solicitor & Head of Dispute Resolution June 2026

Molly Newbery
June 16, 2026
12:44 pm

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Tags inheritance act claims, inheritance disputes, will disputes

Contentious Probate Contesting A Will Inheritance Act Claims Inheritance Disputes Will Disputes

Adult Children and the Inheritance Act 1975: Can You Claim If Your Parent Left You Nothing?

Post author By Molly Newbery
Post date 16 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

Of all the Inheritance Act claims we handle at NJS Law, those brought by adult children excluded from a parent’s will are among the most emotionally complex. Understanding how the law and the courts approach these cases — what is relevant, what is not, and what you can realistically hope to achieve — is essential before you decide how to proceed.

Does English Law Protect Adult Children from Disinheritance?

In England and Wales, there is no automatic entitlement for any adult child to inherit from their parent. A parent has full testamentary freedom. However, the Inheritance (Provision for Family and Dependants) Act 1975 provides a safety net. Under the Act, an adult child can apply to the court for reasonable financial provision if the will fails to make such provision. The right exists — but it comes with meaningful conditions.

The Standard: Maintenance, Not Equality

For all claimants except spouses and civil partners, the Act limits provision to ‘reasonable for maintenance.’ The landmark Supreme Court case of Ilott v The Blue Cross [2017] UKSC 17 confirmed this line clearly — an adult daughter completely estranged from her mother for over 25 years received an award of approximately £50,000, calibrated to her financial needs. The Act is not a tool for achieving fair or equal distribution. It is a remedy for genuine financial need.

The Standard: Maintenance, Not Equality

1. Genuine financial hardship

Limited income, housing insecurity, significant debts, high medical costs or limited earning capacity. Evidence should be thorough and honest.

2. Physical or mental disability

Courts recognise a parent’s heightened moral obligation towards a child who cannot fully provide for themselves. Detailed medical evidence is essential.

3. Financial dependency on the deceased

If your parent was actively supporting you — through regular payments, covering your rent, housing you — this dependency is a significant factor.

4. Promises and reliance — proprietary estoppel

If your parent made clear promises about inheritance and you changed your position in reliance on those promises, you may have a proprietary estoppel claim alongside the Inheritance Act claim.

5. Contribution to the parent's welfare

If you provided significant care, gave up paid work or reduced hours to look after the parent — this speaks to the moral obligation they had towards you.

What Weakens an Adult Child Claim?

Financial independence; conduct towards the deceased; a carefully drafted letter of wishes; and the needs of other beneficiaries (particularly a surviving spouse with modest means) can all weaken or defeat a claim. NJS Law will always give you an honest assessment.

Estrangement — The Court's Approach

Estrangement does not automatically defeat a claim. The court looks behind it to understand causes and nature. Where estrangement was caused by the deceased’s conduct — abandonment, neglect, abuse — the child’s case is strengthened. Where caused primarily by the child’s conduct, a claim is harder but not impossible if financial need is compelling.

Building a Strong Adult Child Claim

Obtain a copy of the will and grant of probate
Compile a detailed financial statement — income, assets, outgoings, debts, pension, housing, health costs
Preserve all relevant correspondence — emails, texts, letters showing the relationship and any promises
Gather evidence of any financial dependency — bank records, evidence of payments received
Identify witnesses who can speak to the relationship
Move quickly — the six-month deadline from the grant applies strictly

📞0800 6525 656

📧probate@njslaw.co.uk

No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors

Frequently Asked Questions

I'm financially comfortable — can I still bring an Inheritance Act claim?

It is significantly more difficult. The Act focuses on provision for maintenance, and a court is unlikely to make a meaningful award if you are not in genuine financial hardship.

My parent was estranged from me for years. Can I still claim?

Yes, potentially. Estrangement does not automatically prevent a claim. The court examines why it occurred. If caused by the deceased’s own conduct, this can support your case.

My parent left everything to their new partner. Do I have a claim?

Possibly, if you can demonstrate financial need. The court considers both the surviving partner’s needs and yours — making provision for both parties is common.

Can I bring an Inheritance Act claim and a will validity challenge at the same time?

Yes. They are separate proceedings but can be pursued simultaneously.

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.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

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For fast, friendly affordable legal advice. Contact a member of our team today.

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Tags inheritance act claims, inheritance disputes, will disputes

Contentious Probate Contesting A Will Inheritance Act Claims Inheritance Disputes Will Disputes

Cohabiting Partners and Inheritance Act Claims: Your Rights When You’re Not Married

Post author By Molly Newbery
Post date 16 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

Few areas of English law cause as much shock and distress as the inheritance rights of cohabiting partners. People who have shared their lives — and often their homes — with someone for decades routinely discover, on that person’s death, that they have no automatic legal right to anything from the estate. If you were not married or in a civil partnership, you are a stranger to the estate as far as the default rules are concerned.

This guide explains the Inheritance Act rights of cohabiting partners in England and Wales, what you need to prove, what you can expect, and why acting quickly is critical.

The 'Common Law Marriage' Myth

There is no such thing as a ‘common law marriage’ in England and Wales. It does not exist in law. When someone dies without a will, the intestacy rules under the Administration of Estates Act 1925 determine who inherits. The rules pass the estate first to the spouse or civil partner, then to children, then to parents, then to siblings. An unmarried partner is not on that list at all. They inherit nothing.

What Protection Does the Inheritance Act 1975 Offer?

Since the Law Reform (Succession) Act 1995 amended the Inheritance Act 1975, an unmarried partner can apply to the court for reasonable financial provision — but only if strict conditions under section 1(1A) are met: (1) they were living in the same household as the deceased; (2) as the husband or wife (or civil partner equivalent) of the deceased; (3) throughout the period of two years ending with the date of death. All three elements must be satisfied.

What Does 'Living in the Same Household' Mean?

In Gully v Dix [2004], the Court of Appeal confirmed that ‘living in the same household’ does not require uninterrupted physical cohabitation on every day. A temporary separation — for medical treatment or a family emergency — does not necessarily break the two-year period if the parties intended to resume cohabitation and the separation was involuntary. A deliberate separation where the relationship had broken down would defeat the claim.

The Standard of Provision for Cohabitants

Unlike a surviving spouse or civil partner, a cohabiting partner is limited to ‘reasonable financial provision for their maintenance.’ Courts have made very significant awards to cohabiting partners — property transfers, substantial lump sums, rights of occupation — but the focus is on financial need rather than a share proportionate to the length of the relationship.

The Standard of Provision for Cohabitants

The length of the period of cohabitation
The age of the applicant and their contribution to the welfare of the family
Whether the applicant gave up employment or opportunities to care for the deceased
The applicant’s financial resources and needs now and in the future
The financial needs of other beneficiaries and the size and nature of the estate

The Standard of Provision for Cohabitants

Cohabitation evidence: tenancy agreements, joint utility bills, council tax, joint bank accounts, electoral register
Relationship evidence: photographs, cards, letters, witness statements from friends or family
Financial dependency evidence: employment records showing reduced working hours, evidence of care provided, records of financial contributions
Any period of separation: evidence of involuntary nature and intention to resume cohabitation

The Standard of Provision for Cohabitants

You would not qualify as a cohabitant under section 1(1A). However, if the deceased was financially maintaining you immediately before their death, you may qualify as a dependant under section 1(1)(e). The test does not impose a minimum duration of cohabitation. NJS Law will assess all available routes.

A Practical Scenario

A woman had lived with her partner for nine years. They were not married. Her partner died suddenly without a will — everything passed to his adult children, including the house she had shared with him. She was 61, had reduced her working hours to care for him in his final year, and had limited savings. An Inheritance Act claim was a viable and ultimately successful route to securing her right to remain in the property and receive a financial settlement.

⚠️ You must issue an Inheritance Act claim within six months of the grant of probate. Miss this deadline and courts rarely give second chances.

📞0800 6525 656

📧probate@njslaw.co.uk

No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors

Frequently Asked Questions

Is there a common law marriage in England and Wales?

No. There is no legal concept of common law marriage. Cohabiting partners do not acquire automatic inheritance rights regardless of how long they lived together.

What if we lived together for less than two years?

You would not qualify under section 1(1A) but may qualify as a dependant under section 1(1)(e) if the deceased was financially maintaining you immediately before their death. NJS Law will assess all available routes.

What if we were temporarily living apart before my partner died?

A temporary separation does not automatically defeat a cohabitant claim, provided it was involuntary or short-term and the intention was to resume cohabitation. Each case turns on its facts.

My partner left a will that excludes me. Can I still claim?

Yes. The Inheritance Act applies whether or not there is a will. If the will fails to make reasonable financial provision and you satisfy the cohabitation conditions, you can apply regardless of the will’s terms

Can I make an Inheritance Act claim if my partner died intestate?

Yes. Under intestacy rules, an unmarried partner inherits nothing. An Inheritance Act claim is often the only legal route to financial provision where there is no will.

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.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

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FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags inheritance act claims, inheritance disputes, will disputes

Contentious Probate Contesting A Will Inheritance Act Claims Inheritance Disputes Will Disputes

No Win No Fee Inheritance Act Claims: How It Works

Post author By Molly Newbery
Post date 16 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

One of the first questions people ask when they contact us about an Inheritance Act claim is: ‘How much is this going to cost me?’ At NJS Law, we believe that access to justice should not depend on your ability to pay legal fees upfront. For eligible Inheritance Act claims, we offer a no win no fee service — formally known as a Conditional Fee Agreement (CFA). This article explains exactly how that works.

What Is a No Win No Fee Agreement?

A Conditional Fee Agreement is a legally regulated contract between you and your solicitor. If your claim is unsuccessful, you pay nothing for your solicitor’s legal work. If your claim succeeds, your solicitor receives their standard fees plus a success fee — a percentage uplift agreed at the outset, capped by law at 100% of base fees (in practice typically much lower). The success fee will be explained to you before you sign anything.

Is Every Inheritance Act Claim Eligible?

Before NJS Law can offer a CFA, we assess: your category eligibility; the estate value and whether a meaningful award is realistic; the quality of evidence; and overall prospects of success. We will give you an honest answer at your free initial consultation.

What About After-the-Event (ATE) Insurance?

In contested inheritance matters, we almost always recommend After-the-Event insurance. However, this usually means a bespoke policy that commences once proceedings have bee issued. ATE covers: adverse costs orders (if you lose and the court orders you to pay the other side’s costs, the ATE insurer covers that); and own disbursements such as court fees, barristers’ fees and expert reports if the case is unsuccessful. ATE premiums are deferred — payable only on success — and the court can often be asked to order the other side to contribute to the premium.

How Much of My Award Will I Keep?

Before you commit to a CFA, we will give you a worked illustration of the likely net outcome in different scenarios — what you would receive if costs came from the estate and what you would receive if they did not. We will never leave you with a bill you did not anticipate.

What Are the Alternatives If My Claim Does Not Qualify?

If your case does not qualify for a CFA — for example because the estate is very modest or because the prospects of success are limited — we will discuss: hourly rate billing; fixed-fee initial advice for a defined scope of work; or staged funding with fixed fees at each stage, allowing you to decide at each point whether to continue.

What Are the Alternatives If My Claim Does Not Qualify?

NJS Law’s specialist contentious probate team has extensive experience in Inheritance Act claims of all sizes. Rated 4.8/5 on Trustpilot, our clients consistently highlight the clarity of our costs advice and the honesty of our assessment of prospects.

📞0800 6525 656

📧probate@njslaw.co.uk

No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors

Frequently Asked Questions

Will I have to pay anything upfront?

No. With NJS Law’s no win no fee agreement, there are no upfront legal fees. Your initial consultation is completely free. Legal fees only become payable if your claim succeeds.

What is the success fee?

The success fee is a percentage of your solicitor’s base fees, agreed in advance and capped by law at 100% of base fees. In practice it is typically much lower, the overall cap being 30%. We explain the exact percentage before you sign anything.

What if I lose?

Under the CFA, you owe nothing to NJS Law for our fees. After-the-Event insurance can also protect you against any order to pay the other side’s costs.

Can I change solicitors if I already have a no win no fee agreement?

Possibly, but your existing CFA may give your current solicitors rights to fees if the case ultimately succeeds. NJS Law can review your current arrangement before you make any change.

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.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags inheritance act claims, inheritance disputes, will disputes

Contentious Probate Contesting A Will Inheritance Act Claims Inheritance Disputes Will Disputes

My Father Left Me Out of His Will – How Can I Fight This?

Post author By Molly Newbery
Post date 15 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

Discovering that your father has left you out of his will is one of the most painful things a person can go through. You are already grieving. And then comes the shock of being excluded in addition.

The good news is that being left out of a will is not necessarily the end of the road. English law gives certain family members the right to challenge either the validity of the will itself, or to apply for reasonable financial provision from the estate even where the will is technically valid

First: Understand What You Are Actually Asking

Option 1 — Contesting the will itself. Arguing the will is legally invalid — lack of mental capacity, undue influence, improper execution.

Option 2 — An Inheritance Act claim. Accepting the will is valid but arguing it fails to make reasonable financial provision for you under the 1975 Act.

These are separate legal claims. In some cases, both may be available. NJS Law will advise which route — or combination of routes — applies to your situation.

Option 1: Contesting the Validity of Your Father's Will

Lack of Mental Capacity

A will is only valid if your father understood: what making a will means; the extent and nature of his estate; who had a claim on it; and the effect of the will he was making (Banks v Goodfellow [1870]). Where a will was made late in life, after a diagnosis, or during serious illness, medical records, GP notes and expert evidence can be central.

Undue Influence

A will can be challenged if someone pressured your father into making a will that did not reflect his true wishes. Evidence is typically circumstantial: unusual control over his affairs, isolation from family, or being the primary beneficiary despite a short or strained relationship.

Lack of Knowledge and Approval

Even if your father had capacity, a will can be challenged if he did not understand or approve the contents — for example, if it was drafted by someone else without proper explanation.

Fraud or Forgery

Where a will has been forged, or where your father was deceived into signing a document he believed to be something other than a will, there are grounds to challenge its validity.

Failure to Meet Formal Requirements

A will must comply with the Wills Act 1837: in writing, signed by the testator, witnessed by two independent witnesses present at the time of signing.

Option 2: An Inheritance Act Claim — Even If the Will Is Valid

Who Can Use the Inheritance Act?

Children — including adult children — are among the categories of person entitled to apply. The court will ask whether your father’s will fails to make reasonable financial provision for your maintenance. The focus is on your financial needs, not an equal share.

When Are Adult Child Claims More Likely to Succeed?

You are in genuine financial need — limited income, housing insecurity, debts or health costs
You have a disability or long-term health condition
You were financially dependent on your father during his lifetime
Your father made clear promises that you would inherit and you relied on those promises
You gave up career opportunities or provided care for your father

Does Estrangement Kill the Claim?

Not automatically. The court looks at why the estrangement occurred. If your father was responsible for the breakdown — through abandonment, neglect or abuse — this can actually support your case.

⚠️ You must issue an Inheritance Act claim within six months of the grant of probate. Miss this deadline and courts rarely give second chances.

📞0800 6525 656

📧probate@njslaw.co.uk

No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors

Frequently Asked Questions

Can I challenge my father's will if he deliberately left me out?

A deliberate exclusion does not prevent you from taking legal action. You may bring an Inheritance Act claim if the will fails to make reasonable financial provision for you. If you believe the exclusion resulted from undue influence or lack of capacity, there may also be grounds to contest the will itself.

What if my father left everything to his new wife or partner?

You may still have a claim. The court considers both the surviving partner’s needs and your own — awards providing for both parties are common.

How long do I have to take action?

For an Inheritance Act claim, you must issue proceedings within six months of the grant of probate. For a will validity challenge, there is no fixed statutory deadline, but acting quickly is strongly advisable.

Can I bring a claim if the estate has already been distributed?

It becomes harder but may still be possible. The court can in certain circumstances treat distributed assets as part of the estate. It is important to act quickly before distribution occurs.

Will I have to go to court?

Most disputes settle through negotiation or mediation. NJS Law always seeks an early, cost-effective resolution.

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.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags inheritance act claims, inheritance disputes, will disputes

Contentious Probate Contesting A Will Inheritance Act Claims Inheritance Disputes Will Disputes

Left out of a will? Here’s what you can do.

Post author By Molly Newbery
Post date 15 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

Discovering that a parent, partner or someone you were close to has left you out of their will — or left you far less than you expected — is deeply distressing. It can feel like a final, irreversible rejection at a time when you are already grieving. But the law may provide a remedy.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain family members and dependants have the right to ask the court to award reasonable financial provision from an estate, even if the will specifically excludes them or leaves them a lesser amount.

Is Being Left Out of a Will Legal?

In England and Wales, there is no automatic right of inheritance. A person generally has testamentary freedom — the right to leave their estate to whoever they choose. However, testamentary freedom is not absolute. The Inheritance Act 1975 limits this by allowing the court to intervene where certain people are left without reasonable financial provision.

Who Can Challenge Being Left Out?

Spouses and civil partners Former spouses and former civil partners (who have not remarried)
Children (including adult children)
People treated as children of the family
Cohabitants who lived with the deceased for at least two years before death
Anyone financially maintained by the deceased immediately before death

What Does 'Reasonable Financial Provision' Mean?

For a spouse or civil partner, the court considers what is reasonable in all the circumstances — taking into account the lifestyle enjoyed during the relationship, its length, the parties’ ages and the needs of dependants. For everyone else, the standard is limited to what is reasonable for maintenance: housing, day-to-day living costs, medical needs and clearing debts. It does not mean you receive an equal share of the estate.

Factors the Court Considers Under Section 3

Your current and future financial needs and resources
The financial needs and resources of other beneficiaries
The obligations the deceased had towards you
The size and nature of the estate
Any physical or mental disability you have
Any other relevant circumstances, including the conduct of the parties

The court also has regard to any reasons the deceased gave for excluding you. However, a letter of wishes does not automatically defeat your claim.

Common Scenarios Where Claims Succeed

Spouses:

A spouse does not need to prove financial dependency. The court will take into account standard of living, the size of the Estate and what a spouse might have received in any divorce.

Adult children with financial needs:

Courts regularly make awards to adult children who can demonstrate ongoing financial dependency, disability or financial need.

Cohabiting partners:

Partners who demonstrate financial dependency often succeed, particularly where they gave up employment or opportunities to care for the deceased.

Estranged children:

Even where a parent deliberately excluded a child, courts sometimes make awards — particularly where the child has significant financial need.

What You Cannot Claim

The Inheritance Act is not designed to give everyone a ‘fair share’. The court will not rewrite a will to divide an estate equally. The focus is on financial need and reasonable provision. If you believe the will was made without capacity or under undue influence, those are separate grounds to contest its validity. NJS Law can advise on both routes.

The 6-Month Deadline

You must issue proceedings within six months of the grant of probate. The courts rarely extend this deadline. Do not wait.

📞0800 6525 656

📧probate@njslaw.co.uk

No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors

Frequently Asked Questions

Can I challenge a will if my parent deliberately left me nothing?

Yes, potentially. A deliberate exclusion does not prevent you from bringing a claim. The court will consider your financial needs and the reasons given for the exclusion.

Can I claim if my parent left everything to a charity?

Yes. The court retains discretion to make provision for eligible claimants even where the deceased expressed strong charitable wishes.

What if I was only left a token amount?

A nominal gift from a large estate may not constitute reasonable financial provision. NJS Law can assess whether the provision made is adequate.

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.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags inheritance act claims, inheritance disputes, will disputes

Contentious Probate Contesting A Will Inheritance Act Claims Inheritance Disputes Will Disputes

Who Can Make an Inheritance Act Claim?

Post author By Molly Newbery
Post date 15 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

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.

What Is the Inheritance Act 1975?

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).

The Six Categories of Eligible Claimant

1. Spouse or Civil Partner

Broadest entitlement; spousal standard of provision applies — whatever is reasonable in all the circumstances.

2. Former Spouse or Former Civil Partner

If not remarried; prior financial settlement scrutinised carefully.

3. A Child of the Deceased

Including adult children. Maintenance standard applies; financial need is the primary focus.

4. Person Treated as a Child of the Family

Stepchildren and others. Factual test — the nature of the relationship in practice.

5. Cohabitant (Unmarried Partner)

Must have lived in the same household as husband and wife (or civil partner equivalent) for the two years immediately before death.

6. Any Other Dependant

Any person maintained by the deceased immediately before death — including through free accommodation or payment of bills.

The 6-Month Time Limit

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

No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors

Frequently Asked Questions

Can I make an Inheritance Act claim as an adult child?

Yes. Adult children are eligible, though the court requires demonstration of financial need.

Can I claim if I was living with the deceased but we were not married?

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.

Do I have to be named in the will?

No. You can bring a claim even if not mentioned in the will, provided you fall within one of the six eligible categories.

What if there is no will?

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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Tags inheritance act claims, inheritance disputes, will disputes

Accident at Work

Machinery and Equipment Injury Claims — Your Rights Under PUWER 1998

Post author By JackScott
Post date 4 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

🩹Accident at Work Specialists

Injuries caused by machinery, power tools, industrial equipment, and vehicles in the workplace are among the most serious categories of workplace accident. They frequently result in crush injuries, amputations, burns, and fractures — often because an employer failed to guard equipment properly, maintain it adequately, or train workers how to use it safely.

The primary legislation governing the safety of work equipment in England and Wales is the Provision and Use of Work Equipment Regulations 1998 (PUWER). If your employer breached PUWER and you were injured as a result, you are entitled to claim compensation.

Injuries caused by machinery and defective work equipment are among the most serious in any workplace. If you have been injured by unguarded machinery, defective equipment, or a vehicle or plant at work, your employer may be liable to compensate you.

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Get a free assessment from our accident at work team today.

What Is PUWER?

PUWER stands for the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306). The Regulations apply to virtually all work equipment used in the workplace — from hand tools to industrial presses, factory machines, power saws, forklift trucks, and conveyor belts. “Work equipment” means any machinery, appliance, apparatus, tool, or installation used at work.

PUWER applies not only to equipment owned by your employer but also to equipment hired, leased, or borrowed for use at work. If a third party supplied defective equipment to your employer and you were injured using it, a claim may also be made against the supplier under the Consumer Protection Act 1987 or under the terms of the hire agreement.

What Duties Does PUWER Place on Your Employer?

PUWER imposes specific duties on employers relating to work equipment. The key provisions relevant to injury claims are:

Regulation 4 — Suitability

Work equipment must be suitable for the purpose for which it is used and must be used only in conditions and for operations for which it is suitable. Using a machine for a task it was not designed for — a common cause of accidents — is a breach of this Regulation.

Regulation 5 — Maintenance

Work equipment must be maintained in an efficient state, in efficient working order, and in good repair. A maintenance log must be kept for equipment where maintenance is necessary for health and safety reasons. Defective equipment that has not been properly serviced is one of the most common PUWER breaches NJS Law encounters.

Regulation 6 — Inspection

Where work equipment requires regular inspection to ensure it is safe — particularly where it is exposed to conditions that cause deterioration — the employer must ensure it is inspected at appropriate intervals and after any exceptional circumstances that might affect safety.

Regulation 11 — Dangerous Parts of Machinery

This is one of the most litigated PUWER provisions. Employers must take measures to prevent access to dangerous parts of machinery or to stop the movement of dangerous parts before a person enters a danger zone. Required measures, in order of preference: fixed guards, other guards or protection devices, jigs or push sticks, information and training. Unguarded or poorly guarded machinery is a primary cause of serious factory and workshop injuries.

Regulation 8 — Information, Instructions, and Training

All workers who use work equipment must receive adequate health and safety information, clear written or oral instructions on use, and appropriate training — including on the risks associated with the equipment and the precautions to be taken. Failure to provide adequate training is a common breach, particularly where young or inexperienced workers are involved.

LOLER 1998 — Lifting Equipment

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) apply specifically to lifting equipment — cranes, forklifts, hoists, passenger lifts, and any equipment used to lift or lower loads. LOLER requires that all lifting operations are properly planned by a competent person, supervised, and carried out safely. All lifting equipment must be thoroughly examined at defined intervals by a competent engineer. LOLER claims arise from forklift accidents, crane collapses, and hoist failures.

Common Machinery and Equipment Injuries

Injury Type	Common Cause	Approximate JCG Range (18th Ed.)
Finger / partial amputation	Unguarded blade, press, or roller	£17,580 – £45,840
Hand injury — moderate to severe	Crush, entrapment, or laceration	£29,000 – £57,000+
Arm — amputation (below elbow)	Serious entrapment in machinery	£102,890 – £130,930
Eye injury — serious (one eye)	Ejected material, unguarded machinery	£49,270 – £66,920
Burns — moderate	Contact with hot surfaces, molten metal	£11,200 – £27,220
Back / spinal injury from forklift	Collision, tip-over, falling load	£38,780 – £322,060+
Fractures — leg or pelvis	Crush from vehicle or machine	£27,760 – £52,500+

Strict liability note: Prior to the Supreme Court’s decision in Kennedy v Cordia (Services) LLP [2016], PUWER and other workplace Regulations imposed strict liability — meaning a claimant did not need to prove negligence, only a breach of the Regulation. Following the Enterprise and Regulatory Reform Act 2013, civil liability for breach of health and safety Regulations was removed; claims now proceed in negligence using the Regulations as evidence of the standard of care. This makes legal representation important in equipment injury claims.

Injured by machinery or defective equipment at work? NJS Law’s specialists will assess your PUWER claim for free. Free Claim Assessment

FREE, NO-OBLIGATION ASSESSMENT

Machinery injuries can be life-changing.
NJS Law will pursue your employer’s insurer for the full compensation you deserve.

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Frequently Asked Questions

What is PUWER and how does it affect my claim?

PUWER stands for the Provision and Use of Work Equipment Regulations 1998. It requires employers to ensure all work equipment is suitable, properly maintained, inspected, guarded, and used only by trained workers. A failure to comply with PUWER that results in injury is evidence of negligence and forms the legal basis of a machinery or equipment injury claim.

Can I claim if the machine I was injured by belonged to a client or site owner rather than my employer?

Yes. Whoever supplied or was responsible for maintaining the equipment owes a duty of care to those who use it. If you were required to use a client’s or site owner’s equipment and it was defective or inadequately guarded, a claim can be made against that party. Your solicitor will identify all responsible parties and pursue each appropriately.

What if I was not trained to use the machine but was told to use it anyway?

This is a strong basis for a claim. PUWER Regulation 8 requires employers to ensure all workers receive adequate training before using work equipment. If you were instructed to use machinery you had not been trained on, the employer has clearly breached this duty, and the fact that you complied with the instruction does not make you responsible for the resulting injury.

Can I claim if the accident happened because a guard was missing or broken?

Yes. PUWER Regulation 11 requires specific measures to prevent access to dangerous parts of machinery, with fixed guarding as the primary requirement. A missing, broken, or inadequate guard is one of the clearest possible PUWER breaches. If the absence of a proper guard caused or contributed to your injury, you have a strong basis for a compensation claim.

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 accident at work claims, including eligibility, time limits and the claims process, see NJS Law’s accident at work claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Accident At Work, accident at work claims

Accident at Work

Construction Site Accident Claims — A Complete Guide for Injured Workers

Post author By JackScott
Post date 4 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

🩹Accident at Work Specialists