Who Can Make an Inheritance Act Claim?
| Category | Standard |
|---|---|
| Surviving spouse or civil partner | Such provision as is reasonable in all circumstances |
| Former spouse (not remarried) | Reasonable financial provision for maintenance |
| Cohabitee (2+ years immediately before death) | Reasonable financial provision for maintenance |
| Child of the deceased | Reasonable financial provision for maintenance |
| Child treated as child of the family | Reasonable financial provision for maintenance |
| Person maintained by the deceased | Reasonable financial provision for maintenance |
💡 Note for cohabitees: You must have lived with the deceased as husband, wife, or civil partner for 2 years immediately before the death. A gap in cohabitation can defeat the claim entirely.
What the Court Considers
- The financial resources and needs of the applicant
- The financial resources and needs of any other beneficiaries
- The obligations and responsibilities of the deceased to the applicant
- The size and nature of the estate
- Any physical or mental disability of the applicant
- Any other relevant circumstances
The 6-Month Deadline
Applications must be issued at court within 6 months of the grant of representation (a Grant of Probate where there is a Will, or Letters of Administration where there is not). This is a strict time limit. A late claim needs the court's permission, which is given only in exceptional circumstances. If you believe you have a claim, take legal advice as soon as the grant is issued.
What the Court Can Order
If a claim succeeds, the court does not rewrite the whole Will. It makes the order it considers reasonable to fill the gap in provision and leaves the rest of the estate to pass as the Will (or the intestacy rules) directs.
The orders available under section 2 of the Act include:
- regular (periodical) payments out of the estate
- a one-off lump sum
- a transfer of a particular asset, such as the family home, to the applicant
- property to be held on trust for the applicant, for example for life
Jointly owned property usually passes outside the Will to the surviving co-owner. Under section 9, the court can treat the deceased's share of a joint tenancy as part of the estate for the purposes of a claim, but only if the application is made within the same 6-month window.
The Act only applies where the person who died was domiciled in England and Wales.
Reducing the Risk of a Claim
A well-considered Will that provides reasonably for all dependants, accompanied by a letter of wishes explaining your reasoning, significantly reduces the risk of a successful Inheritance Act claim. ClearLegacy estate planning tools help structure your Will to reflect your obligations.
Sources & references
- Inheritance (Provision for Family and Dependants) Act 1975
- GOV.UK — Inheriting if someone dies without a Will
- Administration of Estates Act 1925
- GOV.UK — Wills, probate and inheritance
- Citizens Advice — Who can inherit if there is no Will
Authoritative UK government, HMRC, statute and Citizens Advice sources. Last reviewed: 31 May 2026.
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