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What is the Inheritance (Provision for Family and Dependants) Act 1975?

The Inheritance Act allows certain people to claim reasonable financial provision from an Estate if they haven’t been properly provided for - either under a Will or the Rules of Intestacy.

Who can make a claim?

You may be eligible to claim if you were:

a Spouse or Civil Partner of the Deceased;
a former Spouse or Civil Partner of the Deceased, who has not remarried or entered into a new Civil Partnership;
a Cohabitee of the Deceased;
a Child of the Deceased;
a person who was treated by the Deceased as if you were a Child (i.e. a Step-Child); and / or
a person who was financially maintained by the Deceased.

What does “reasonable financial provision” mean?

That depends on your relationship with the deceased:

Spouses or Civil Partners may be entitled to what they would have received in a divorce, known as the divorce hypothesis.
Other Claimants must show a financial need - for example, if your income doesn’t cover your outgoings, you have significant debts, or you need help with future housing or care costs.

Is there a time limit?

Yes - you usually have six months from the date probate is granted to bring a Claim. It’s important to get legal advice as soon as possible.

Wherever possible, we’ll help you resolve matters through mediation, avoiding the stress and cost of going to court.

How we can help

Our specialist Will & Estate Dispute Lawyers can support you with:

Help you establish whether you are able to pursue a Claim;
Help you establish whether you or someone else has been adequately provided for by an Estate
Help you bring a Claim under the Inheritance Act against an Estate;
Attempt to resolve the dispute outside of Court, primarily by way of engaging in Mediation (a structured form of negotiations); and / or
Help you defend an Inheritance Act Claim, whether you are an Executor, Personal Representative or Beneficiary of the Estate.

Why Choose Porter Dodson?

Recognised excellence – Ranked in both The Legal 500 and Chambers & Partners for our expertise in private client services.

A dedicated team - specialising in Contentious Wills, Trusts and Estates.

Clear, compassionate advice – We speak your language, not legal jargon, and tailor our guidance to your personal circumstances.

Flexible funding options - including No Win, No Fee arrangements in appropriate cases.

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