What is the Inheritance Act and how can it help?
In England and Wales, a person is free to leave their property to whoever they wish when they write a will. This is true regardless of who might have an expectation of an inheritance. However, many people do not leave a will at all. According to the National Wills Report 2025, fewer than 40% of adults in the UK have a will in place.
Whether or not a person leaves a will, there may be circumstances where, upon the death of a loved one, adequate provision is not made (or no provision at all). This could occur if they are omitted from a will or if the intestacy rules (applicable when a person dies without a valid will) do not include them. Common circumstances in which this happens could be:where people have been living together as spouses but without being married or forming a civil partnership.
- where a will was written a long time ago and does not properly reflect the deceased’s domestic circumstances at the time of their death.
The Act is therefore designed to address situations such as these by giving the Court power to redistribute part of the estate to those parties who are able to demonstrate they have not been adequately provided for.
Who can make a claim under the Inheritance Act?
There are several categories of people who can bring a claim for financial provision from a deceased’s estate,
- Spouse or civil partner
- Former spouse or civil partner (if they have not remarried or formed a new civil partnership)
- Child of the deceased: this includes legitimate, illegitimate, and adult children.
- Person treated as a child of the deceased: this refers to anyone the deceased treated as a child of their family, such as stepchildren.
- Cohabitants who lived with the deceased as their husband or wife for at least two years before their death.
- Any other person wholly or partly maintained by the deceased
How does the court decide how much a person gets?
For a claim to be successful, claimants must demonstrate that provision under a Will or the intestacy rules is not reasonable to meet their financial needs
In considering any claims, the Court will consider the following factors:
- the financial resources and financial needs of the applicant
- the financial resources and financial needs of the beneficiaries
- any obligations and responsibilities which the deceased had towards the applicant and beneficiaries
- the size and nature of the estate
- any disability/medical condition of the applicant and beneficiaries
- any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant. Conduct can include the conduct of the deceased, not just those interested in their estate.
Spouse/Civil Partner claims
Where the claimant is a former spouse or civil partner, the court may use ‘divorce cross-check’ as a starting point, which looks at the amount which would have been awarded if the marriage had ended in divorce or dissolution, rather than death. However, the court is not restricted to this and may take other factors into account such as:
- the age of the applicant
- the duration of the marriage
- the contributions of the applicant to the welfare of the family.
This allows the court to consider the needs of spouses and civil partners who may have taken care of the family and home and not built a career and therefore financial independence.
When to bring a claim
Any claims must be brought within six months of the Grant of Probate being issued. A Grant of Probate is the document which allows the personal representatives to gather the deceased’s assets and distribute them to creditors and beneficiaries. Grants of Probate are public documents so these can be searched for online.
There are occasions where the court will be prepared to extend the time limit but there must be good reason for them to do so.
If you think you may have a claim under the Inheritance Act, or if you are the Defendant to a claim, please get in touch and we will be happy to discuss your options with you.
