You Were Left Out of a Close Relative's Will
If a close relative died and made no or inadequate financial provision for you in their will (or through intestacy), you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Strict time limits apply. This page explains who can claim, what 'reasonable financial provision' means, and how to apply.
Quick Answer
You must bring any claim under the Inheritance (Provision for Family and Dependants) Act 1975 within six months of the grant of probate or letters of administration โ this is a strict deadline. Eligible claimants include spouses, civil partners, cohabitees of two or more years, children, and financial dependants. The court can override the will to award reasonable financial provision.
Full Explanation
In England and Wales, a testator is generally free to leave their estate to whomever they choose. However, the Inheritance (Provision for Family and Dependants) Act 1975 ('the 1975 Act') allows certain categories of person to apply to the court for financial provision from the estate where the will (or intestacy rules) have failed to make reasonable financial provision for them.
The categories of eligible claimant are set out in s.1(1) of the 1975 Act: (a) the spouse or civil partner of the deceased; (b) a former spouse or civil partner not remarried; (c) a person who lived as the deceased's spouse or civil partner for at least two years before death; (d) a child of the deceased (including adult children); (e) a person treated as a child of the family; and (f) any other person who immediately before death was being maintained wholly or partly by the deceased.
The standard for what constitutes 'reasonable financial provision' differs depending on the claimant's relationship to the deceased. For spouses and civil partners, the standard is what would be fair and reasonable having regard to all the circumstances โ broadly similar to the divorce standard. For all other claimants, the standard is what would be reasonable for their maintenance.
In deciding the application, the court considers factors in s.3 of the 1975 Act including the claimant's financial resources and needs, the estate's resources, the deceased's obligations towards other family members, the deceased's conduct and reasons for exclusion, and the welfare of any minor children. In Ilott v Blue Cross [2017] UKSC 17, the Supreme Court confirmed that adult children have no automatic entitlement and that the testator's freedom of testation is an important factor.
The six-month time limit runs from the date of the grant of probate or letters of administration โ not from the date of death. The court has discretion to extend this period (s.4 of the 1975 Act) but will only do so in exceptional circumstances. It is therefore critical to take legal advice as soon as you become aware of a potential claim.
Legal Basis
- ยงInheritance (Provision for Family and Dependants) Act 1975 ss.1-4 โ eligibility, standard of provision, court powers, and time limit
- ยงInheritance (Provision for Family and Dependants) Act 1975 s.3 โ factors the court must consider
- ยงIlott v Blue Cross [2017] UKSC 17 โ adult children's claims and testamentary freedom
What To Do
Confirm the Date of the Grant of Probate
The six-month limitation period runs from the date the grant of probate or letters of administration was issued โ not the date of death. You can search for the grant online at the Probate Registry search service. Note the grant date and calculate your deadline immediately.
Instruct a Contentious Probate Solicitor Urgently
Seek specialist legal advice immediately โ do not delay. A contentious probate solicitor can assess your prospects of success, advise on the strength of your claim, send a letter of claim to the executors, and issue court proceedings within the six-month time limit if necessary.
Send a Letter of Claim to the Executors
Your solicitor should write to the executors putting them on notice of your intention to bring a 1975 Act claim and requesting that they do not distribute the estate until the claim is resolved. Ask for full financial disclosure of the estate.
Consider Mediation to Resolve the Dispute Without Full Litigation
Many 1975 Act claims settle before trial โ often through mediation or negotiation. Mediation is significantly cheaper than a full contested hearing and is actively encouraged by the courts. Your solicitor can advise on the appropriate timing and format.
Issue Court Proceedings Within Six Months of the Grant
If no settlement is reached, your solicitor must issue a claim in the Family Court or Chancery Division before the six-month deadline expires. A claim can be issued 'protectively' to preserve your position while negotiations continue.
Important Deadlines
Important Warnings
The six-month time limit from the date of the grant is strictly enforced. If you miss this deadline, the court will only extend time in exceptional circumstances โ do not delay seeking legal advice.
If the estate has already been distributed and you have a valid claim, the executors may be personally liable to you โ but recovery can be much harder.
An adult child's claim is not straightforward โ the court will consider your own financial needs and resources, the deceased's reasons for leaving you out, and the interests of other beneficiaries.
Frequently asked questions
- How long do I have to make a claim if I was left out of a will?
- You must bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 within six months of the grant of probate or letters of administration. This is a strict deadline that runs from the date the grant was issued, not the date of death. The court can only extend this period in exceptional circumstances, so it is critical to seek legal advice immediately if you believe you have a valid claim.
- Who is eligible to claim financial provision from an estate?
- Eligible claimants include the deceased's spouse or civil partner, a former spouse or civil partner who has not remarried, a person who lived as the deceased's spouse or civil partner for at least two years before death, a child of the deceased (including adult children), a person treated as a child of the family, and any other person who was being maintained wholly or partly by the deceased immediately before their death.
- What does 'reasonable financial provision' mean for different types of claimants?
- For spouses and civil partners, the standard is what would be fair and reasonable having regard to all the circumstances, which is broadly similar to the divorce standard. For all other eligible claimants, such as children or financial dependants, the standard is what would be reasonable for their maintenance. The court considers factors like the claimant's financial needs, the estate's resources, and the deceased's reasons for exclusion.
- What factors does the court consider when deciding a claim?
- The court considers several factors, including the claimant's financial resources and needs, the estate's resources, the deceased's obligations towards other family members, the deceased's conduct and reasons for exclusion, and the welfare of any minor children. In the case of Ilott v Blue Cross, the Supreme Court confirmed that adult children have no automatic entitlement and that the testator's freedom to leave their estate as they choose is an important factor.
- What steps should I take if I think I have a claim?
- You should first confirm the date of the grant of probate or letters of administration, as the six-month deadline runs from this date. You can search for the grant online at the Probate Registry search service. It is recommended to instruct a contentious probate solicitor urgently to assess your prospects, send a letter of claim to the executors, and issue court proceedings within the time limit if necessary.
- What happens if I miss the six-month deadline?
- If you miss the six-month deadline, the court will only extend the time limit in exceptional circumstances. If the estate has already been distributed and you have a valid claim, the executors may be personally liable to you, but recovery can be much harder. Therefore, it is essential to take legal advice as soon as you become aware of a potential claim to avoid missing the strict deadline.