Wills, Trusts & Estates · Inheritance Act Claims
Inheritance Act Claims
Left out of a will, or not adequately provided for? You may be able to make a claim for reasonable financial provision under the Inheritance Act 1975 — even if the will is valid.
Specialist solicitors for Inheritance Act claims in Chester, Cheshire, North Wales and throughout England and Wales. No win no fee available for suitable cases.
6-month time limit — act quickly
Inheritance Act claims must be issued within 6 months of the grant of probate or letters of administration. The court has very limited discretion to extend this. Contact us as soon as possible after the death.
Who Can Make an Inheritance Act Claim?
The Inheritance Act 1975 limits who can make a claim. You must fall within one of the following categories.
Spouse or Civil Partner
A surviving spouse or civil partner can claim for such financial provision as is reasonable in all the circumstances — assessed on a higher standard than other claimants. The court will consider the standard of living enjoyed during the marriage.
Former Spouse or Civil Partner
A former spouse or civil partner who has not remarried may claim, provided they have not already received a financial settlement on divorce that was intended to be final.
Cohabitee (2+ years)
A person who lived with the deceased as husband, wife or civil partner for at least two years immediately before the death can make a claim. This is particularly important for unmarried couples who may have no automatic inheritance rights.
Child of the Deceased
Any child of the deceased — including adult children — can make a claim, though the court will consider whether they were financially dependent on the deceased. Adult children face a higher hurdle than minor children.
Person Treated as a Child
A person who was treated by the deceased as a child of the family — for example, a stepchild — may also be able to claim, even if they were never legally adopted.
Dependant
Any person who was being maintained by the deceased immediately before the death — whether financially or otherwise — may have a claim. This can include a carer, a friend, or any other person who was financially dependent on the deceased.
What Does the Court Consider?
The court has wide discretion in assessing Inheritance Act claims. These are the main factors it will consider.
Financial resources and needs
The financial resources and needs of the claimant, now and in the foreseeable future.
Financial resources of other beneficiaries
The financial resources and needs of any other applicants and beneficiaries.
Obligations of the deceased
Any obligations and responsibilities the deceased had towards the claimant and beneficiaries.
Size and nature of the estate
The size and nature of the estate — a larger estate makes it easier to provide for additional claimants.
Physical or mental disability
Any physical or mental disability of the claimant or any beneficiary.
Conduct
The conduct of the claimant and any other person — though this is rarely decisive.
Our Inheritance Act team
Laura Kirton
Wills & Probate Solicitor · 10 Years Qualified
Inheritance Act Claims
Darren Steele
Senior Private Client Executive · STEP Member
Estate DisputesNo win no fee — we only get paid if you win
We offer conditional fee arrangements for suitable Inheritance Act claims. We will assess your case honestly and advise on the merits and funding options before any work begins. Most Inheritance Act claims settle through negotiation or mediation — without the need for a court hearing.
01244 757 352Frequently Asked Questions
Can I claim against an estate if I was left out of a will?
Yes — if you fall within one of the categories of eligible claimants under the Inheritance (Provision for Family and Dependants) Act 1975, you can make a claim for reasonable financial provision from the estate, even if the will makes no provision for you. The categories include spouses, civil partners, cohabitees (2+ years), children (including adult children), and dependants.
How long do I have to make an Inheritance Act claim?
You must issue proceedings within six months of the grant of probate or letters of administration. This is a strict time limit — the court has discretion to extend it, but only in exceptional circumstances. We strongly recommend taking advice as soon as possible after the death.
What is "reasonable financial provision"?
The standard of reasonable financial provision depends on who you are. For a surviving spouse or civil partner, it is such provision as is reasonable in all the circumstances — assessed on a higher standard. For all other claimants, it is such provision as is reasonable for their maintenance. The court has wide discretion in assessing what is reasonable.
Can an adult child make an Inheritance Act claim?
Yes — adult children can make Inheritance Act claims, but they face a higher hurdle than minor children or spouses. The court will consider whether the adult child was financially dependent on the deceased, and whether there are good reasons why the deceased chose not to provide for them. Adult children who are financially independent and capable of supporting themselves face a more difficult claim.
Can a cohabitee make an Inheritance Act claim?
Yes — a cohabitee who lived with the deceased as husband, wife or civil partner for at least two years immediately before the death can make a claim. This is particularly important for unmarried couples, who have no automatic inheritance rights under the intestacy rules. The two-year period must be continuous and immediately before the death.
What can the court award in an Inheritance Act claim?
The court can make a wide range of orders, including: a lump sum payment; periodical payments (income); a transfer of specific property; a settlement of property; or an acquisition of property. The court will try to make an order that meets the claimant's reasonable needs without unduly prejudicing the beneficiaries.
Is no win no fee available for Inheritance Act claims?
Yes — we offer conditional fee arrangements (no win no fee) for suitable Inheritance Act claims. We will assess your case and advise on funding options at the outset. Not all cases are suitable for no win no fee — we will be honest with you about the merits of your claim and the funding options available.
Related estate dispute services
Contesting a Will
Challenging the validity of a will.
Challenging a Will
Grounds for challenging a will.
Disputed Estates
Disputes about estate administration.
Wills Disputes
All types of will and estate disputes.
Letters of Administration
Administering an estate without a will.
Cohabitation Rights
Rights of unmarried couples.
Speak to a wills and estates solicitor today. Sensitive, professional advice — costs explained clearly before any work begins.
No obligation — talk through your options first. Chester, Cheshire & North Wales.
Free Initial Assessment
Tell us about your situation. We will assess the merits of your claim and advise on your options — no obligation, no cost.