You Want to Make an Inheritance Act Claim
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to court if a will or intestacy fails to make reasonable financial provision for them. This page explains who can claim, what the court considers, and the strict six-month time limit.
Quick Answer
An Inheritance Act 1975 claim must be issued within six months of the grant of probate or letters of administration — this deadline is strict and extensions are rarely granted. Eligible applicants include spouses, civil partners, cohabitees of two or more years, children, and financial dependants. The Supreme Court in Ilott v The Blue Cross [2017] confirmed that the award for adult children is based on a maintenance standard only.
Full Explanation
The Inheritance (Provision for Family and Dependants) Act 1975 gives the court power to vary the distribution of an estate — whether under a will or intestacy — where the deceased's estate does not make 'reasonable financial provision' for a qualifying applicant. The Act applies to England and Wales only.
Qualifying applicants are listed in s.1(1): (a) a spouse or civil partner; (b) a former spouse or civil partner who has not remarried; (c) a person who lived in the same household as the deceased as their spouse or civil partner for the whole of the two-year period immediately before death; (d) a child of the deceased; (e) a person treated as a child of the family; and (f) any person maintained by the deceased immediately before death.
The standard of provision differs. For a surviving spouse or civil partner, the court applies a standard not limited to maintenance and can include a share reflecting the marital standard of living. For all other applicants (including adult children and cohabitees), the court applies a 'maintenance' standard — what is reasonably needed for the applicant's maintenance. In Ilott v The Blue Cross [2017] UKSC 17, the Supreme Court confirmed this maintenance-only standard for adult children.
The claim must be issued in the Family Division or Chancery Division (or County Court for lower-value claims) within six months of the grant of probate or letters of administration. The court has a narrow discretion to extend this period under s.4 — applicants should not assume an extension will be granted. A personal representative who distributes the estate before six months from the grant does so at risk of personal liability to a successful claimant.
The six factors the court considers under s.3 include: the financial resources and needs of the applicant and other beneficiaries; the deceased's obligations to the applicant; the size of the estate; the applicant's disability; and any other relevant circumstances.
Legal Basis
- §Inheritance (Provision for Family and Dependants) Act 1975 ss.1–4 — eligible applicants, standard of provision, and court powers
- §Ilott v The Blue Cross [2017] UKSC 17 — Supreme Court confirmed the maintenance-only standard for adult children
What To Do
Instruct a Contentious Probate Solicitor Immediately
Given the strict six-month deadline from the grant, instruct a solicitor as soon as you know about the estate. The clock starts from the date of the grant (not death). If you do not know whether a grant has been issued, search the probate registry records at the GOV.UK probate search service — grants are publicly searchable.
Send a Pre-Action Letter of Claim
Your solicitor should write to the executors or administrators setting out your claim and asking them to hold the estate assets pending resolution. Request disclosure of the estate accounts to assess the size and composition of the estate. Ask the executors not to distribute before the six-month period has elapsed.
Issue the Claim Before the Six-Month Deadline
If the claim is not resolved by agreement, issue the claim form in the appropriate court before the six-month deadline expires. File the claim even if negotiations are ongoing — you can always discontinue if a settlement is reached, but you cannot undo a missed deadline.
Exchange Financial Disclosure
Both sides must provide full financial disclosure. The applicant must show their financial position, needs, and any resources available. The executors must provide the estate accounts and details of all beneficiaries' circumstances.
Attend Mediation
Courts actively encourage settlement. A financial dispute resolution appointment or private mediation will be ordered in most cases. The majority of Inheritance Act claims settle before trial. Costs are at the court's discretion and can be awarded against a claimant who refuses reasonable offers.
Important Deadlines
Important Warnings
The six-month deadline from the grant of probate or letters of administration is strict. Extensions are rarely granted and only in exceptional circumstances. Do not delay.
Adult children face a maintenance-only standard — the court will not simply override a parent's decision to disinherit an adult child unless the child genuinely needs maintenance support.
If the estate is distributed before six months, executors who knew of a potential claim face personal liability. However, a claimant who delays may find assets dissipated before proceedings can be brought.