How to make an inheritance claim or contest a will in the UK?

When a loved one passes away, it’s common for disputes to arise over the distribution of their estate. Whether the will is perceived as unfair, someone has been unintentionally left out, or a dependent faces financial hardship, it may become necessary to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975,the main legal framework for inheritance claims in the UK. However, the process of contesting a will or securing a fair share can be both legally complex and emotionally challenging.Before taking any action, it’s highly advisable to consult a solicitor specialising in wills, trusts, and estate disputes.

This detailed guide outlines how inheritance act claims 1975 work in practice, covering legal eligibility, procedural steps, strategic advice, and common pitfallsto avoid.

Do you need a solicitor?

We will connect you with the right solicitor, near you.

Find a solicitor near me Request a call

Why make an inheritance claim?

There are various reasons why someone might need to make an inheritance claim, often often driven by a sense of unfairness or financial hardship. While every case is unique, some common reasons include:

• Total exclusion from the will without apparent justification, even though there was a family connection or financial dependency.
• Insufficient provision in the estate, not covering the basic needs of the beneficiary, such as housing, healthcare, or living expenses.
• Unfulfilled promises or obligations, for example where the deceased had expressed their intention to provide for a child, unmarried partner, or other dependent but failed to do so formally.
• No will exists (intestate estate), and the legal default distribution excludes cohabitants, unrecognised children, or others who may have relied on the deceased.

In these cases, making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 may offer a legal route to a more appropriate and fair outcome. This includes inheritance act claims by children, former spouses, cohabitants, and other financially dependent individuals.

Who can claim under the Inheritance (Provision for Family and Dependants) act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 does not grant a universal right to contest a will. Those eligible to make a claim under the Act include:

• Surviving spouse or civil partner: They are in a privileged position and are usually entitled to a share equivalent to what they might have received in a divorce. .
• Former spouse or civil partner: Provided they haven’t remarried or entered into a new civil partnership, and especially where no full financial settlement was agreed at the time of separation.
• Unmarried partner: If they cohabited continuously with the deceased akin to a marriage or civil partnership for at least two years before death (common in cohabitant claims).
• A child of the deceased: This includes both biological and adopted children. Claims by children are common, especially when a child receives inadequate provision or is excluded from the will.
• A person treated as a child by the deceased: This could be a stepchild or someone the deceased raised and supported as their own.
• Anyone financially dependent on the deceased: Even without blood or legal relationship, financial dependency at the time of death can establish eligibility.

How to make a claim under the Inheritance (Provision for Family and Dependants) act 1975?

If you’ve been unfairly left out of a willor that the estate fails to meet your needs, you may be entitled to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Though complex, this process allows certain individuals to secure a fair provision , especially for those who were financially dependent on the deceased.

Here’s how to proceed:

Respect the claim deadline

Under section 4 of the IPFDA 1975, claims must be made within six months of the “Grant of Representation,” whether probate or letters of administration.
However, the court mayallow late claims in exceptional circumstances, typically if the claimant was unaware of the death or the estate proceedings.

Prepare your case and prove inadequate provision

The burden is on the claimant to show that the estate fails to make reasonable financial provision.

You’ll need to demonstrate:

• That the will (or intestacy rules) does not meet your needs;
• That the deceased had a moral or financial obligation to provide for you;
• That you have clear financial needs, current or future (e.g., housing, care, education).

Under Section 3 of the IPFDA 1975, the court will assess:

• Your financial resources and liabilities;
• The financial needs of other beneficiaries;
• Your age, health, earning capacity, and future prospects;
• Any moral obligations or promises made by the deceased;
• The nature and history of your relationship with the deceased.

Explore mediation before litigation

Before going to court, it’s strongly recommended to attempt mediation or another form ofalternative dispute resolution. This approach can :

• Reduce legal costs;
• Minimise emotional stress and family conflict;Prevent unwanted publicity or lengthy court proceedings.

 Settling inheritance act claims out of court is often faster and more cost-effective. Courts now expect parties to have tried mediation, and failing to do so can impact cost awards.

Awiat the Court’s decision

If the dispute is not resolved through mediation, the matter proceeds to court. Under section 2 of the IPFDA 1975, the court has the power to issue an order adjusting the distribution of the estate. This could include:

• A lump sum to meet urgent financial needs.
• Regular payments, such as maintenance or pension-like support.
• A transfer or interest in property, especially if housing is essential.

The court’s decision considers all relevant circumstances, including the strength of the evidence provided, the estate size, and the needs of all parties.

FAQ

• Who can make a claim? Spouses, children, cohabitants, and dependents (Section 1 IPFDA 1975).
• What is the deadline? Six months from the Grant of Probate, unless the judge grants an exception.
• Is it mandatory to go to court? No. Amicable settlements are often preferred.

• Can you contest a will without being named? Yes, if you meet the dependency or family relationship criteria.

• Can an adult child be compensated? Yes, if they can demonstrate financial need.

The IPFDA 1975 protects individuals who have been unfairly treated or excluded from a will in the UK. With appropriate legal guidance, you can assert your rights and secure a fair share of the estate.

Need help to contest a will?

If you face challenges with your claim under the Inheritance (Provision for Family and Dependants) Act 1975, Qredible’s network of legal experts is here to support you.

KEY TAKEAWAYS

• Claims must be filed within six months of the “Grant of Representation.”
• The claimant must demonstrate that the provisions made, if any, fail to meet their current and future financial needs.
• Mediation is highly recommended before taking legal action to avoid lengthy proceedings and reduce court costs.