If you have been left out of a will, or left without enough to meet your needs, you may be able to claim reasonable financial provision from the estate — even where the will itself is perfectly valid. This guide explains how Inheritance Act claims work in England and Wales: who can claim, what the court considers, the six-month deadline, and what happens at each stage.
An Inheritance Act claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975. It is different from challenging the validity of a will — the question is whether the will, or the intestacy rules, makes reasonable financial provision for an eligible person. Only certain categories of applicant can claim, and a claim must usually be issued within six months of the grant of probate. Contacting us does not commit you to a claim — many people simply want to understand their options.
Speak to a specialist in confidence. We will explain whether you may be eligible — with no obligation to proceed.
Discuss My Situation 0800 6525 656An Inheritance Act claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975. Its purpose is to allow certain people to ask the court to make financial provision from a deceased person's estate where the will, or the intestacy rules, does not make reasonable financial provision for them.
This is different from a claim that challenges the validity of a will. In many Inheritance Act claims the will is perfectly valid — the issue is not whether it is genuine, but whether the financial outcome is reasonable in light of the claimant's circumstances and relationship with the deceased. While testamentary freedom remains an important principle in England and Wales, the law recognises that certain family members and dependants may be entitled to seek reasonable provision from the estate.
A claim may be possible whether:
The court will not rewrite a will simply because someone is disappointed. The central question is whether reasonable financial provision has been made for an eligible claimant.
Only certain categories of people can claim under the Act. Being related to the deceased does not automatically mean a claim will succeed, and in some cases it may not be enough to bring a claim at all. The eligible categories are:
Each category has its own considerations — a spouse or civil partner is assessed differently from an adult child or a financial dependant. A cohabiting partner will usually need to show they lived with the deceased in the same household, as if married or civil partners, for the required period. Where a person claims as a dependant, evidence of financial support — payments toward living costs, housing, bills, care, education or other regular support — is important.
The key question in an Inheritance Act claim is whether the estate makes reasonable financial provision for the claimant. What is reasonable depends on the type of claimant and the facts of the case.
When assessing a claim, the court may consider:
These cases are highly fact-specific. Two claims that look similar at first can have very different outcomes depending on the evidence, the size of the estate, and the competing needs of other beneficiaries.
A claim must usually be issued at court within six months of the grant of probate (or grant of letters of administration where there is no will). This is a short deadline, and missing it can be serious.
| Situation | Position |
|---|---|
| Standard Inheritance Act claim | 6 months from the grant of representation |
| Deadline missed | The court's permission will usually be needed to proceed — not guaranteed |
| Estate being distributed | Urgent advice may be needed to ask that assets are preserved |
Because of the six-month deadline and the risk that an estate may be distributed before a claim is resolved, it is generally advisable to seek legal advice as soon as possible.
Our free guide explains, in plain English:
From the initial assessment through to negotiation, mediation or court proceedings, the process generally follows these stages.
We help you understand whether your concern is about reasonable financial provision — rather than the validity of the will — and whether your situation fits within the Act.
Eligibility is one of the first issues we consider — whether you fall within a recognised category such as spouse, civil partner, cohabitant, child, or dependant.
We assess whether the current provision is reasonable, weighing your needs against the size of the estate and the needs of other beneficiaries.
These claims are evidence-driven. Important evidence includes the will, the grant of probate, bank and financial documents, housing papers, evidence of support from the deceased, correspondence showing the relationship, and medical or care evidence where health needs are relevant.
If a claim appears viable, we usually notify the personal representatives and beneficiaries, confirm the grant date, assess the estate value, prepare financial information, send a formal letter of claim, and ask that the estate is not distributed while the claim is considered.
Many claims are resolved without a final hearing. Mediation offers confidential discussions, greater control, faster resolution and reduced costs. A settlement might involve a lump sum, provision of housing, transfer of property, payment of debts, or another arrangement suited to the estate.
Contacting us does not commit you to a claim. We will explain your options clearly and honestly.
Discuss My Situation 0800 6525 656Inheritance Act claims often arise during grief, uncertainty and family tension. We combine legal expertise with a careful, discreet approach.
We explain the legal issues, give realistic advice about prospects, and keep decisions firmly in your hands.
Successful claims depend on careful preparation and strong evidence. We gather and present the key facts clearly and in a structured way.
Contacting us does not commit you to bringing a claim. Many clients simply wish to understand their rights and explore their options. We are authorised and regulated by the SRA (No. 8006550).
It is a claim for reasonable financial provision from a deceased person's estate under the Inheritance (Provision for Family and Dependants) Act 1975. It may be brought where a will, or the intestacy rules, does not make reasonable financial provision for an eligible applicant.
No. In many Inheritance Act claims the will is valid. The issue is whether the financial provision made by the will or the intestacy rules is reasonable for the claimant.
Eligible applicants may include spouses, civil partners, former spouses or civil partners who have not remarried, certain cohabiting partners, children, people treated as children of the family, and people who were financially maintained by the deceased.
Yes, an adult child can bring a claim. Success will depend on the circumstances — including their financial needs, the size of the estate, the relationship with the deceased, and the needs of other beneficiaries.
An unmarried partner may be able to claim if they lived with the deceased in the same household, as if married or civil partners, for at least two years before the death. They may also be able to claim as a dependant in some circumstances.
A claim must usually be issued within six months of the grant of representation. If this deadline is missed, the court's permission will usually be needed to proceed.
Yes. Many Inheritance Act claims are resolved through negotiation or mediation before a final hearing is needed.
The first step is usually to seek legal advice as soon as possible. A solicitor can assess eligibility, review the time limit, gather evidence, and explain the options available.
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Speak to our team in confidence. We will give you an honest view of your options.
Discuss My Situation 0800 6525 656Explore our articles on making an Inheritance Act claim, eligibility, and being left out of a will.
Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed: July 2026.
NJS Law is authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550). We are a firm of regulated solicitors, not a claims management company. This page provides general legal information for England and Wales only and does not constitute legal advice. Whether a claim can be brought, and its outcome, depends on the individual facts of each case and no result can be guaranteed. For advice specific to your situation, please contact our team.
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NJS Law Limited is a Limited company which is UK based registration number 15170704.
Our services are authorised and regulated by the Solicitors Regulation Authority. www.sra.org.uk
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.
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.
