Claims Against Your Estate: What You Need to Know in England and Wales

The Inheritance (Provision for Family and Dependants) Act 1975

In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 gives certain categories of people the right to apply to the court for financial provision from a deceased person's estate, even if that person was not named in the will or was specifically excluded from it.

This law exists because English and Welsh law, unlike some other legal systems, does not give close family members an automatic guaranteed share of an estate. You are largely free to leave your estate to whoever you choose. However, the 1975 Act provides a legal remedy for people who depended financially on the deceased and are left without adequate provision.

Who Can Make a Claim?

The following categories of person can apply under the 1975 Act:

• A current spouse or civil partner
• A former spouse or civil partner who has not remarried or entered a new civil partnership
• A person who was living with the deceased as husband or wife — or as civil partners — for at least two years immediately before the death
• A child of the deceased — including adult children
• Any person treated by the deceased as a child of the family — for example, stepchildren
• Any other person who was being maintained, wholly or partly, by the deceased immediately before their death

Being in one of these categories does not mean a claim will succeed. The court applies different tests depending on the relationship. A spouse or civil partner is assessed on what would be reasonable for them to receive. Other applicants are assessed on what would be reasonable for their maintenance.

What Does the Court Consider?

When deciding whether to make an order and how much to award, the court considers a wide range of factors. These include the financial resources and needs of the applicant and all other beneficiaries, any obligations the deceased had towards the applicant, the size and nature of the estate, the physical or mental condition of the applicant, and any other relevant circumstances.

Adult children who are financially independent and capable of supporting themselves face a more difficult path to a successful claim than, say, a cohabiting partner who was entirely financially dependent on the deceased.

Claims must generally be brought within six months of the Grant of Probate or Letters of Administration, though the court has discretion to allow later claims in exceptional circumstances.

How to Reduce the Risk of a Claim

There is no way to make your estate entirely immune from a claim under the 1975 Act — but there are steps you can take to reduce the risk and strengthen your estate's position if a claim is made.

• Keep a letter of wishes: A letter alongside your will explaining your reasons for any decisions that might seem surprising — why you have left less to one person, or nothing to someone who might have expected a gift — can help your executors understand and explain your intentions.
• Ensure dependants are adequately provided for: If you have someone who is financially dependent on you, leaving them nothing at all is more likely to result in a successful claim than leaving them something, even if it is not as much as they might want.
• Seek independent legal advice: If your circumstances are complex — blended family, estranged children, financially dependent former partner — independent legal advice is particularly important. We are a document preparation service and do not provide legal advice on the risk of claims against your estate.
• Keep your will up to date: A will that was reasonable when made may become inadequate as circumstances change — for example, if a cohabiting partner becomes more financially dependent over time.