Inheritance Act Claims
Specialists in helping you challenge or defend claims for financial provisions not specified in a will.
Have you been left without the support you expected?
A will usually reflects careful thought and responsibility. But in some circumstances, the outcome can feel deeply unfair.
You may have been financially dependent on the deceased. You may be a spouse or long-term partner facing uncertainty about housing or income. You may have assumed that provision would be made, only to discover that it has not.
These difficult situations often arise when a will was not updated, or even created, to reflect the intentions and recent life situation of the will maker.
Inheritance Act claims exist to address these situations.
The law recognises that, in certain cases, a will or intestacy does not make reasonable financial provision. Where that happens, the court has the power to intervene.
Time limits apply to inheritance claims
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must usually be issued within six months of the Grant of Probate.
The court’s permission is required to bring a claim outside this period and that permission is not always granted. Delay can significantly affect your ability to pursue a claim or protect your position.
Contact our inheritance disputes solicitors to discuss your situation.
Call us on 0203 993 4813 or
When can an Inheritance Act claim be made?
Inheritance Act claims are brought under the Inheritance (Provision for Family and Dependants) Act 1975.
The court may consider a claim from:
- A spouse or civil partner.
- A former spouse or civil partner (in some cases).
- A cohabiting partner.
- A child of the deceased.
- A person treated as a child of the family.
- Someone financially maintained by the deceased.
The court will not simply rewrite a will. It looks carefully at financial need, available resources, the size of the estate and the obligations of the deceased.
Claims must usually be brought within six months of the Grant of Probate, so it is important to take advice without delay.
If you are responding to an Inheritance Act claim
Inheritance Act claims can also place significant pressure on executors and beneficiaries.
If you are responsible for administering an estate, or you stand to inherit under a will, a claim may create uncertainty and delay. It is important to assess the strength of the application and respond appropriately.
It is very important not to ignore a claim or respond informally. The strength of the application must be assessed carefully, alongside the value of the estate and the position of all parties involved.
We provide clear advice on defending Inheritance Act claims, protecting the estate and managing risk in a proportionate and strategic way.
Call us on 0203 993 4813 or
Expertise in resolving inheritance disputes.
Inheritance Act claims require more than technical knowledge. They require careful judgement, strategic thinking and an understanding of family and financial complexity.
We provide:
Specialist private client expertise – Deep understanding of estate structures, family wealth arrangements and financial dependency issues.
Recognised litigation strength – Our dispute resolution team was named a finalist in the 2026 LexisNexis Dispute Resolution Team of the Year awards, reflecting the quality of our work in complex claims.
Balanced, proportionate strategy – We assess the strength of your position realistically and advise on the most effective route forward, whether negotiation, mediation or court proceedings.
Clear and commercially aware advice – We focus on outcomes that are sensible, sustainable and aligned with your wider objectives.
We act with discretion and professionalism at every stage, recognising that these disputes often affect both financial security and family relationships.
Meet our team
Discuss your Inheritance Act claim with our specialists.
If you believe that a will or the intestacy rules have not made reasonable financial provision for you, or you are facing a claim against an estate, careful legal advice can help clarify your position.
Begin the conversation
Frequently asked questions
Can a cohabiting partner bring an Inheritance Act claim?
Yes, but eligibility depends on specific criteria. A cohabiting partner must usually show that they lived with the deceased as if they were married or in a civil partnership for at least two years immediately before death. Financial dependency and housing needs are often central considerations. These cases can involve detailed factual and financial analysis. Early advice helps clarify whether the legal threshold is likely to be met and what evidence may be required.
Can I bring an Inheritance Act claim if there is no will?
Yes. Inheritance Act claims can be made whether the deceased left a will or died intestate. Even if the estate is being distributed under the intestacy rules, certain individuals may still apply for reasonable financial provision. The court will consider financial need, available resources and the size of the estate. The same six-month time limit from the grant of letters of administration usually applies.
Can the six-month time limit for an Inheritance Act claim be extended?
Inheritance Act claims must usually be issued within six months of the grant of probate. The court has discretion to allow a claim outside that period, but permission is not automatic. The court will consider factors such as the reason for delay, whether negotiations were ongoing and whether the estate has been distributed. The longer the delay, the harder it can be to obtain permission. For this reason, taking advice promptly is always advisable.
What does ‘reasonable financial provision’ mean?
Reasonable financial provision does not necessarily mean an equal share of the estate. The court considers your financial needs, resources, housing requirements and the size of the estate, alongside the needs of other beneficiaries. For spouses, the standard is generally higher than for other applicants. Each case is fact-specific and evidence-driven. Careful preparation is essential in any Inheritance Act claim.
Who can bring an Inheritance Act claim?
Only certain categories of individuals can apply under the Inheritance (Provision for Family and Dependants) Act 1975. These include spouses, civil partners, former spouses (in limited circumstances), cohabiting partners, children and individuals who were financially maintained by the deceased. Eligibility depends on your relationship with the deceased and the nature of your financial dependency. An early assessment is important to confirm whether you have standing to bring an Inheritance Act claim.
Contact us
Getting in touch couldn’t be easier. Use our form or call us to speak to an experienced solicitor in confidence.
Please note we cannot offer legal aid.