Inheritance Act 1975 Claim: A Guide

What is a claim under the Inheritance Act 1975?

It is a court application for reasonable financial provision from a deceased person's estate. Rather than arguing that a will is invalid, the applicant accepts the will or intestacy but says it fails to provide reasonably for them. The court can order payments or transfers of property if it agrees. The full name is the Inheritance (Provision for Family and Dependants) Act 1975 (legislation.gov.uk, s.1, as at July 2026, subject to change).

Who can bring a claim?

Only people in the categories set out in the Act can apply. That includes a spouse or civil partner, a former spouse or civil partner who has not remarried or formed a new civil partnership, a cohabitant who lived with the deceased as a couple for the whole two years before death, a child of the deceased, a person treated as a child of the family, and anyone who was being wholly or partly maintained by the deceased immediately before death (legislation.gov.uk, s.1, as at July 2026, subject to change).

Category of applicant	Key condition
Spouse or civil partner	Married to or in a civil partnership with the deceased at death.
Former spouse or civil partner	Has not remarried or formed a new civil partnership.
Cohabitant	Lived with the deceased as a couple for the whole two years before death.
Child of the deceased	Includes adult children; no upper age limit.
Child of the family	Treated by the deceased as a child in a marriage, civil partnership or family.
Dependant	Was being wholly or partly maintained by the deceased before death.

Category of applicant

Key condition

Spouse or civil partner

Married to or in a civil partnership with the deceased at death.

Former spouse or civil partner

Has not remarried or formed a new civil partnership.

Cohabitant

Lived with the deceased as a couple for the whole two years before death.

Child of the deceased

Includes adult children; no upper age limit.

Child of the family

Treated by the deceased as a child in a marriage, civil partnership or family.

Dependant

Was being wholly or partly maintained by the deceased before death.

What counts as reasonable provision

The Act applies two standards, and which one applies depends on who is claiming. For a surviving spouse or civil partner, the court asks what provision would be reasonable in all the circumstances, whether or not it is needed for maintenance. For every other applicant, including children and cohabitants, the test is narrower: what would be reasonable for that person's maintenance (legislation.gov.uk, s.1, as at July 2026, subject to change).

That difference matters. A surviving spouse can sometimes seek more than they strictly need to live on, while an adult child generally has to show a maintenance-based need, not simply that they expected more. The outcome generally turns on the facts, and the court has wide discretion.

Source: legislation.gov.uk, s.1(2), as at July 2026, subject to change.

What the court takes into account

When deciding a claim, the court weighs a defined list of factors under section 3. These include the applicant's financial resources and needs, now and in the foreseeable future, the resources and needs of any other applicant and of the beneficiaries, any obligations the deceased had towards the applicant or beneficiaries, the size and nature of the estate, any physical or mental disability, and any other relevant matter, including conduct (legislation.gov.uk, s.3, as at July 2026, subject to change).

Financial position. The applicant's income, assets and needs, set against the other people involved.

Obligations. Any responsibilities the deceased had towards the applicant or the beneficiaries.

The estate. Its size and nature, and how much is realistically available.

Other matters. Disability, conduct, and anything else the court considers relevant.

A worked example (illustration only). A man dies leaving a will that gives his whole estate to a charity and nothing to his long-term partner, who lived with him as a couple for the fifteen years before his death and relied on his income. As a cohabitant of more than two years, she may fall within the categories able to apply, and the court would weigh her needs and resources against the estate and the charity's position under the section 3 factors (legislation.gov.uk, s.3, as at July 2026, subject to change). Any application would generally need to be brought within six months of the grant (legislation.gov.uk, s.4, as at July 2026, subject to change). Whether provision is ordered, and how much, turns entirely on the facts, so this is general information rather than a prediction for any real case.

The time limit for a claim

The window is short. Under section 4, an application generally cannot be made more than six months after the date on which representation, meaning the grant of probate or letters of administration, is first taken out (legislation.gov.uk, s.4, as at July 2026, subject to change). The court can give permission for a late claim, but that permission is not automatic and depends on the circumstances. Because the clock runs from the grant, it can be worth understanding where an estate stands in the What Is Probate? process before the deadline passes.

Claims in Scotland and Northern Ireland

The Inheritance (Provision for Family and Dependants) Act 1975 applies in England and Wales (legislation.gov.uk, as at July 2026, subject to change). Scotland does not use this Act; instead its own succession law gives a spouse, civil partner and children legal rights to a fixed share of certain parts of an estate, which can be claimed regardless of the will. Northern Ireland has separate legislation that broadly mirrors the 1975 Act. Where an estate touches more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

Who can make an Inheritance Act 1975 claim?

The Act lists the categories: a spouse or civil partner, a former spouse or civil partner who has not remarried, a cohabitant of at least two years, a child, a person treated as a child of the family, and anyone maintained by the deceased before death (legislation.gov.uk, s.1, as at July 2026, subject to change). People outside these categories generally cannot apply, whatever they feel they were owed.

What is the time limit for a claim?

Generally six months from the date the grant of representation is first taken out, under section 4 of the Act (legislation.gov.uk, s.4, as at July 2026, subject to change). The court can allow a claim after that period, but only with its permission, which is not guaranteed. Because the limit is short, many people who think they may have a claim take advice promptly rather than waiting.

Can an adult child claim under the Act?

Yes, an adult child is within the categories that can apply, as there is no upper age limit (legislation.gov.uk, s.1, as at July 2026, subject to change). However, for a child the court usually looks at what is reasonable for maintenance, so an adult child generally needs to show a genuine need rather than simply an expectation of a larger share. Outcomes vary widely on the facts.

Does the Act let me overturn a will?

Not exactly. A 1975 Act claim accepts the will or intestacy and asks the court to award reasonable financial provision on top, rather than declaring the will invalid (legislation.gov.uk, s.1, as at July 2026, subject to change). Challenging whether a will is valid, for example on capacity or undue influence, is a separate route. Our note on contesting a will covers that distinction.

Can I plan my will to reduce the risk of a claim?

You cannot remove the right to apply, but many people leave a clear record of their reasons and consider whether to make some provision, which can help. Because the court weighs needs, obligations and conduct, no wording guarantees a will is claim-proof (legislation.gov.uk, s.3, as at July 2026, subject to change). It can be worth discussing this with a qualified professional when preparing a will.

Does this apply across the whole UK?

No. The 1975 Act covers England and Wales. Scotland has its own legal rights giving a spouse, civil partner and children a fixed share of parts of an estate, and Northern Ireland has separate but broadly similar legislation (legislation.gov.uk, as at July 2026, subject to change). Where an estate spans more than one nation, it can be worth taking advice in each jurisdiction involved.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

Inheritance Act 1975 Claims Explained