Author: Molly Newbery

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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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

Molly Newbery

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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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

Molly Newbery

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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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

Molly Newbery

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.

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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

Molly Newbery

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

Molly Newbery

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

Molly Newbery

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

Housing Disrepair Housing Disrepair Claims Housing Repair Breach Claim

How a Tenant Won £27,000 After Her Landlord Ignored Rats, Damp and Dangerous Conditions

Post author By Molly Newbery
Post date 3 June 2026

HOUSING DISREPAIR - CASE STUDY

Molly Newbery

🏠Housing Disrepair Specialists

Section 11, Landlord and Tenant Act 1985 – legislation.gov.uk

When there is a hole in your kitchen wall big enough for rats to enter, you expect your landlord to act quickly. This client did too. She reported it immediately. Her landlord did nothing – and that was only the beginning of the disrepair she was left to live with.

At NJS Law, we helped her make a housing disrepair claim against her landlord. She won £27,000 in compensation, and the repairs that should have been completed months earlier were finally carried out. This article explains what happened, what the law says, and how you can find out whether your own situation gives you grounds to claim.

Every case is different. Your outcome will depend on your individual circumstances.

What Conditions Was This Tenant Living With?

The disrepair in this client’s home was not a single issue – it was a catalogue of serious problems that had been left to worsen over time.

There was a hole in the kitchen wall large enough for rats to enter the property. Despite being reported, it was never
The floor throughout the property was rotting – the result of persistent, untreated
Both the kitchen sink and the toilet were
Cracked tiles were visible throughout the property, presenting a safety hazard as well as evidence of ongoing structural neglect.

She reported every one of these problems to her landlord – not once, but again and again. Each time, she was ignored. She was left living in a home that was not safe, not healthy, and by any reasonable measure, not fit for human habitation.

Living like this takes a real toll – on your health, your mental wellbeing, and your ability to feel at home in your own space. What many tenants do not realise is that when a landlord refuses to act on reported disrepair, they are likely breaking the law.

Does Reporting the Problem Make a Legal Difference?

Yes – and this is one of the most important things any tenant can understand about housing disrepair.

A landlord’s legal duty to repair only comes into play once they have been told about the problem. The moment you notify them – whether by text, email, letter or phone call – and they fail to act within a reasonable time, that failure becomes the foundation of a potential claim.

This is why keeping a record of every report you make is so important. Screenshots of text messages, copies of emails, notes of phone calls – this evidence builds the timeline that underpins a successful housing disrepair case.

If you have been reporting problems and being ignored, you may already have more of a claim than you realise.

What Does the Law Say About Housing Disrepair?

Tenants in England and Wales are protected by several pieces of legislation that place clear, enforceable obligations on landlords. Here are the most important:

Section 11 of the Landlord and Tenant Act 1985

This is the cornerstone of tenant protection for disrepair. Section 11 places a legal duty on landlords to keep the structure and exterior of a rented property in good repair – including the roof, walls, floors, windows, drains, pipes, gutters and sanitary fittings. A landlord who fails to meet this duty after being notified of a problem is in breach of the law.

The Homes (Fitness for Human Habitation) Act 2018

This act significantly strengthened the rights of tenants. It requires that all rented properties – whether private, housing association or council – must be fit for human habitation both at the start of a tenancy and throughout. Damp, mould, pest infestation, structural problems and unsafe sanitary facilities can all render a home “unfit” under this legislation, giving tenants the right to bring a claim in the county court.

Homes (Fitness for Human Habitation) Act 2018 – legislation.gov.uk

The Housing Health and Safety Rating System (HHSRS)

The HHSRS is the Government’s framework for identifying and categorising hazards in residential properties. Local councils use it to assess and enforce housing standards. Hazards including damp, mould growth, pest infestation, structural collapse and falling are all assessed under this system. A property that carries a category 1 hazard under the HHSRS is one that councils can be required to take enforcement action on – giving tenants further legal leverage.

Housing Health and Safety Rating System – GOV.UK

For a clear summary of your rights as a tenant regarding repairs, the Government’s official guidance is a useful starting point:

Repairs in rented housing – GOV.UK

How Did NJS Law Build This Case?

When this client came to us, the first step was evidence. We went through every record she had of reports made to her landlord – text messages, emails, notes from phone calls – to construct a clear timeline showing what had been raised, when, and what her landlord’s response had (or hadn’t) been.

We then arranged for an independent expert to inspect the property and produce a formal report on the conditions. Expert evidence is often central to a strong housing disrepair claim: it gives an objective, professional account of the extent of the disrepair, how long the problems had been present, and the impact they would have had on someone living there.

Armed with this evidence, we made a formal claim against the landlord. The case settled – for £27,000 in compensation – and the landlord was required to complete all of the outstanding repairs.

To understand how compensation is calculated in civil claims, including the difference between losses for pain and suffering versus financial losses, our guide on this topic is worth reading:

General Damages vs Special Damages: Personal Injury Compensation Explained – NJS Law

How Do I Know If I Have a Housing Disrepair Claim?

You may have a claim if:

Your home is rented – from a private landlord, a housing association, or a local council
There is a repair issue in the property: damp, mould, leaks, pests, structural problems, broken fittings or similar
You have notified your landlord of the problem – by any means, in any format
Your landlord has not carried out the repair within a reasonable period of time

You do not need to be living in a condemned property, and you do not need to have been taken to hospital. If the conditions are affecting your health, your mental wellbeing, or your ability to use parts of your home – and your landlord has been told and has failed to act – that is the starting point for a housing disrepair claim.

It is also worth knowing that there are time limits on making a claim, so it is better to get advice sooner rather than later. Our complete guide covers what counts as disrepair, how the claims process works, and what to expect:

Housing Disrepair Claims: A Complete Guide for UK Tenants – NJS Law

What Should You Do If Your Landlord Is Ignoring You?

The most important first step is to speak to someone who can tell you where you stand. At NJS Law, we offer a free initial conversation – no obligation, no cost. We will listen to your situation, ask a few straightforward questions, and give you an honest view on whether you have a claim worth pursuing.

If we take on your case, it is on a no win, no fee basis. That means if we do not win, you pay nothing.

Do not assume your situation is not serious enough. Do not assume there is nothing you can do. Get in touch and find out – it costs you nothing to ask.

Living with disrepair your landlord won't fix?

Contact NJS Law today. The first conversation is free, and if we take your case, it is no win, no fee. Message us or call to speak to a member of our housing disrepair team.

Every case is different. The outcome of any legal claim depends on your individual circumstances. Details of the case described in this article have been changed to protect client confidentiality. This article is provided for general information only and does not constitute legal advice. NJS Law is regulated by the Solicitors Regulation Authority.

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 Housing Disrepair, housing disrepair claim

Housing Disrepair Housing Disrepair Claims Housing Repair Breach Claim

Mould, Damp and Electrical Faults Made Her Children Ill -She Won £5,000 in Housing Disrepair Compensation

Post author By Molly Newbery
Post date 3 June 2026

HOUSING DISREPAIR - CASE STUDY

Molly Newbery

🏠Housing Disrepair Specialists