If you’ve been left out of a will or haven’t received what you reasonably expected from a loved one’s estate, you may be able to bring an Inheritance Act claim.
Our specialist contentious probate team at NJS Law advises spouses, partners, children and dependants across England & Wales on claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act 1975).
We combine clear, practical advice with a sensitive approach at what is often a very difficult time.
We are here to help. We can get it sorted. It’s what we do. Call us.
Free Initial Consultation
No Win No Fee
Specialist Executor Disputes Solicitors
Proven Track Record of Successful Claims
4.6/5 | 650 Satisfied Customer Reviews
The Inheritance Act 1975 allows the court to order reasonable financial provision from a deceased person’s estate for certain categories of people, if the will (or intestacy rules where there is no will) does not make reasonable provision for them.
In short, an Inheritance Act claim:
Accepts that the will is legally valid, but
Argues that the will (or intestacy) fails to provide reasonable financial provision for you, given your relationship with the deceased and your financial needs.
This is different from contesting a will on grounds such as lack of capacity or undue influence, which is a separate type of claim.
Complete the form below or contact us directly. Our solicitors will review your situation and confirm your eligibility in a free consultation.
You may be able to claim under the Inheritance Act 1975 if, at the time of death, you were:
A spouse or civil partner of the deceased
A former spouse or former civil partner (who has not remarried / entered a new civil partnership)
A child of the deceased (including adult children)
Someone treated as a child of the family
Any other person who was being maintained by the deceased immediately before their death
If you’re unsure whether you qualify, we can quickly assess your position and explain your options.
We, can usually offer to act on a no win no fee service for Inheritance Act claims.
If you would like to discuss a matter or require some more information please contact us via phone or email to arrange a free no obligation consultation.
What is “reasonable” will depend on your circumstances and your relationship with the deceased.
For a spouse or civil partner, the court will consider what is reasonable in all the circumstances, which may go beyond bare “maintenance” and reflect the standard of living during the relationship.
For other categories (such as adult children or dependants), reasonable provision is usually limited to what is reasonable for your maintenance – for example:
Regular income to meet essential outgoings
A lump sum to clear debts
Funds to secure appropriate housing
The court will look at factors such as:
Your financial needs and resources now and in the foreseeable future
The size and nature of the estate
Any disabilities or special circumstances
The obligations and responsibilities the deceased had towards you and other beneficiaries
We will work closely with you to present a robust picture of your needs and the estate’s resources.
Time limits are strict.
In most cases, you must issue an Inheritance Act claim within 6 months of the grant of probate (or letters of administration).
In limited circumstances, the court can allow late claims, but extensions are not guaranteed.
If you think you may have a claim, it is vital to seek advice as soon as possible so that your position can be protected.
Although every case is different, most Inheritance Act claims follow similar stages:
We will:
Review the will / intestacy position and the grant of probate
Identify whether you fall within one of the categories entitled to claim
Consider the size of the estate and your approximate financial needs
Advise you on the strength of your claim and likely outcomes
We gather evidence on:
Your income, assets and liabilities
Your relationship with the deceased and any financial support they provided
The value and structure of the estate, including property, investments and business interests
Where necessary, we may work with independent experts such as property valuers or financial advisers.
The courts actively encourage parties to try to settle Inheritance Act claims without a full trial, often through negotiation or mediation.
We will:
Send a detailed letter of claim setting out your case
Explore settlement with the executors and beneficiaries
Represent you at any mediation, aiming to achieve a fair outcome quickly and cost-effectively
Many claims settle at this stage, avoiding the stress, delay and cost of a contested trial.
If settlement is not possible, we will:
Issue proceedings in the appropriate court
Prepare your witness evidence and financial disclosure
Instruct specialist barristers in complex or high-value cases
Our goal throughout is to secure an outcome that meets your needs while keeping the process as straightforward as possible.
Explore our latest guides and expert insights on inheritance act claims. Learn what can make a will invalid, who may be entitled to challenge it, and how to strengthen your case.
We act for:
We also advise beneficiaries who need to defend an Inheritance Act claim brought by someone else.
Our experienced Inheritance Act Claims Solicitors are here to guide you every step of the way. With specialist expertise in contentious probate and inheritance disputes, we provide clear, strategic legal representation to protect your rights and secure a fair outcome.
Contact NJS Law today to discuss your will dispute with a specialist solicitor. Call or email us now to get expert advice and begin your case.
Stay up to date with the latest news on inheritance act claims. Our blog shares real client case results, recent compensation awards, and guidance from our solicitors to help you understand how the claims process works in practice.
If someone is unfortunate enough to need hospital treatment, then they will often be asked who they want to be regarded as their “Next of Kin”.
A Beneficiary is someone who stands to inherit all or part of an Estate from someone who has died.
We are often contacted by people who claim that a Will is invalid because it was made as a result of “undue influence”. Equally we are often contacted by beneficiaries who claim that a will is valid – and they deny there was any undue influence. So, let’s take a look at the law.
Here at NJS Law, we have a specialist team of solicitors dealing with Inheritance Disputes of one sort or another – and against that background we tend to see all sorts of claims. Sometimes we are asked to make claims and sometimes we are asked to defend claims that have been made by others.
Yes. If the deceased died intestate (without a valid will) and the intestacy rules do not make reasonable financial provision for you, you may be able to bring an Inheritance Act claim, provided you fall into one of the eligible categories (for example, spouse, partner, child or dependant).
No. An Inheritance Act claim generally accepts that the will (or intestacy) is legally valid. Instead, you argue that the distribution leaves you without reasonable financial provision.
If you believe the will itself is invalid (for example, due to lack of capacity, undue influence or a later will), we will advise whether you should also consider a separate will challenge.
Outcomes vary widely and depend on factors such as:
The overall value of the estate
Your financial needs
The needs of other beneficiaries
The court can order, for example:
A lump sum payment
Regular maintenance payments
A transfer of property or a right to occupy a property
The creation of a trust for your benefit
We will give you realistic advice on the range of possible outcomes in your particular case.
Simple claims that settle at an early stage can be resolved within a few months. More complex disputes, or those that proceed to trial, can take considerably longer. Timescales depend on how quickly information is provided, the parties’ willingness to negotiate, and the court’s timetable.
Many Inheritance Act claims are resolved through negotiation or mediation without a final court hearing. If a trial is necessary, we will guide you through every step and ensure you are fully prepared.
We always discuss costs with you at the outset. Depending on the case, we may be able to offer:
Fixed-fee initial advice
Pay-as-you-go hourly rates
Staged fee arrangements
In some situations, costs can be paid out of the estate, but this is not guaranteed, and the court has wide discretion over costs orders. We will keep you updated on costs and cost risks throughout.
Adele is a qualified solicitor with over 20 years experience working in the legal sector, predominantly within Litigation.
Adele is the member of the management team responsible for the firms strategy, including the growth of a number of key areas of legal practice, heading up the Housing Disrepair and Probate Teams. She also has a keen interest in technology, in particular automation, and will be working on optimising the firm’s processes.
In her spare time Adele enjoys walking the family cockapoo, watching her son play sport, travelling to new places and is obsessed with all things interiors!
