Understanding your right to reasonable financial provision from a deceased person’s estate
If a loved one has died and you have been left out of the will, or left less than you reasonably need, you may have options. Under the Inheritance (Provision for Family and Dependants) Act 1975 (often called a “Family and Dependants Act” claim), certain people can ask the court to order reasonable financial provision from the estate. This applies whether there is a will or the estate passes under the intestacy rules. It is not a challenge to the validity of the Will. Instead, it is a claim that the outcome of the will or intestacy fails to make reasonable financial provision for you.
In this guide, our contentious probate team explains who is eligible to make a claim, the legal test the court applies, the procedural steps involved, and the practical risks to weigh before taking action.
Who Can Make a Claim Under the Inheritance Act 1975?
Only defined categories of applicants can bring a claim. These are:
- A spouse or civil partner of the deceased.
- A former spouse or former civil partner who has not remarried or entered into a new civil partnership.
- A person who, for at least two years immediately before death, lived with the deceased as if they were a spouse or civil partner.
- A child of the deceased (of any age).
- A person treated by the deceased as a child of the family, for example, a stepchild.
- A person who was being maintained, wholly or partly, by the deceased immediately before death.
What Does the Court Consider “Reasonable Provision”?
The standard of provision differs by category:
- Spouse or civil partner: the court considers what is reasonable in all the circumstances, which includes the statutory “divorce cross‑check” comparing what might have been awarded on divorce.
- All other categories: the court generally limits awards to what is reasonable for maintenance, assessed by reference to needs and resources, the size and nature of the estate, any competing claims, and the reasons for the deceased’s dispositions.
How to Make a Family and Dependants Act Claim: Procedure and Practical Steps
- Act promptly. A claim must usually be issued within six months of the date of the grant of probate or letters of administration. Late claims require the court’s permission, which is discretionary and uncertain.
- Gather evidence early. You will need to set out your financial position, your relationship with the deceased, your current and foreseeable needs, and why the existing provision (or lack of it) is unreasonable in the circumstances.
- Consider a caveat if probate has not been granted. A caveat prevents a grant from being issued while disputes about the estate are investigated. It can create time to assess the position and explore resolution, but it must be used appropriately.
- Seek specialist advice. These claims are fact‑sensitive and procedurally technical. Early advice can improve prospects and often leads to negotiation without court proceedings.
- Expect mediation or other ADR. Most claims settle before trial. The court encourages ADR, and mediation is often faster, less costly and less damaging to family relationships than a contested hearing. Read our guide to mediation, ‘Mediation FAQs: What You Need to Know’, for useful information, or find out more about our specialist fixed fee mediation services in Central London.
Risks and Realities of Bringing an Inheritance Act Claim
- Costs and duration. Litigation can be expensive and lengthy. Even a successful claimant may not recover all costs.
- Wide judicial discretion. Outcomes turn on the facts, including needs and resources, the size and nature of the estate, and competing claims from other beneficiaries or dependants.
- Estate size and competing claims. The court balances all claims against the available assets. Limited estates constrain outcomes.
- Letters of wishes. These are not binding, but they can be influential in explaining the deceased’s reasons and may affect the court’s assessment.
- Emotional impact. Contentious probate is stressful and can strain family relationships. Consider the personal as well as the legal and financial implications.
- Time limits. The six‑month deadline after the grant is strict. Delay is one of the most damaging mistakes a potential claimant or executor can make.
Need Advice on an Inheritance Act 1975 Claim?
If you have been left out of a Will, believe you have not received reasonable financial provision, or are an executor facing a potential claim against an estate, obtaining specialist advice at an early stage is essential. The strict six-month deadline after the grant of probate means delay can be costly.
Our Central London contentious probate team advises spouses, partners, children, dependants and executors on Inheritance Act 1975 claims, from initial assessment through to negotiation, mediation and, where necessary, court proceedings.
We provide early, strategic advice, undertake urgent steps to protect positions, assemble the necessary financial and factual evidence, and represent clients in negotiation, mediation and, where required, court proceedings.
For related reading, see our previous guides, ‘Refusing ADR or Mediation: Costs Risks, Court Powers, and How to Respond’, and ‘Major Changes Ahead: How Undrawn Pensions Will Impact Inheritance Tax from April 2027’.
Contact Our Trusts and Probate Dispute Solicitors – The Law Firm on Baker Street
Muscatt Black Graf is a long-established specialist law firm on Baker Street, London. Our highly experienced legal teams pride themselves on exceptional client care and straightforward advice.
For more information on how we can help, please call 0207 586 1141 or email contact@muscattblackgraf.com, or alternatively, fill in our online contact form.
Disclaimer
This article was published in September 2026 and is for general information only and does not constitute legal advice. You should obtain specific advice on your circumstances before taking any action.