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 Probate. This is a strict time limit. Courts grant extensions only in exceptional circumstances. If you believe you have a claim, consult a solicitor immediately after probate is granted.
Reducing the Risk of a Claim
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