Many people understandably assume that a will is final. If someone has made their wishes clear, it can feel as though there is nothing more to say.

In many cases, that is true. English law gives people significant freedom to decide who should inherit their estate. However, there are situations where the law recognises that a will, or the intestacy rules where there is no will, may not make reasonable financial provision for someone who had a close relationship with the person who has died.

Rebecca Zaidi-Lowe, Senior Associate & Solicitor in our Civil Litigation team at the Jackson Lees Group, explains the key principles behind inheritance claims and what you need to know if you are considering bringing a claim or responding to one.

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What is an Inheritance Act claim?

An Inheritance Act claim is an application to the court for financial provision from the estate of someone who has died.

The claim is not based simply on disappointment.

It is not enough to say that a will feels unfair or that you expected to receive more. The court looks at whether the will, the intestacy rules, or a combination of both, has failed to make reasonable financial provision for an eligible person.

Reasonable financial provision does not automatically mean:

• An equal share of the estate.
• What the claimant hoped or expected to receive.

Instead, the court looks carefully at the circumstances, including:

• The claimant's financial needs.
• The size of the estate.
• The needs of other people involved.

For most claimants, the focus is on maintenance.

Is an Inheritance Act claim the same as contesting a will?

No. This is one of the most common points of confusion.

Contesting a will usually means challenging whether the will itself is valid.

For example, someone may question whether the person who made the will:

• Had mental capacity.
• Understood what they were signing.
• Was placed under pressure.
• Followed the correct legal formalities.

An Inheritance Act claim is different.

In many cases, everyone may accept that the will is valid. The issue is whether the financial outcome is reasonable for someone who falls within one of the categories allowed to claim.

This distinction matters because the evidence, legal test and likely outcomes are different.

A person might not have grounds to challenge the validity of a will yet may still be able to ask the court for financial provision. Equally, being unhappy with a will does not automatically mean an Inheritance Act claim will succeed.

Who can bring an Inheritance Act claim?

Only certain people can bring a claim.

The law sets out specific categories of eligible applicants, including:

• A spouse or civil partner of the deceased.
• A former spouse or former civil partner, provided they have not remarried or entered a new civil partnership.
• Someone who lived with the deceased as a partner for the whole two-year period immediately before death.
• A child of the deceased, including an adult child.
• Someone treated by the deceased as a child of the family, such as a stepchild in some circumstances.
• Someone who was being financially maintained, wholly or partly, by the deceased immediately before death.

The right to bring a claim depends on your relationship with the person who has died and, in some cases, your financial dependence on them.

Does the Inheritance (Provision for Family and Dependants) Act 1975 apply throughout the UK?

No.

It is important to note that the Act applies where the deceased was domiciled in England and Wales.

Different rules apply in Scotland and Northern Ireland, so cross-border estates should be considered carefully.

HMRC guidance confirms that the Inheritance (Provision for Family and Dependants) Act 1975 applies only in England and Wales, with different provision in Northern Ireland and no corresponding provisions in Scotland.

Can adult children make an Inheritance Act claim?

Yes, adult children can bring a claim.

This is another area where people often misunderstand the law.

An adult child is not prevented from claiming simply because they are grown up, working or living independently. However, the court will look closely at their financial circumstances and needs.

Being the deceased's child does not automatically mean an award will be made.

Can unmarried partners claim against an estate?

They may be able to, but the rules are specific.

A cohabiting partner can usually bring a claim if they lived in the same household as the deceased as if they were married or civil partners for the whole two-year period immediately before death.

This is not the same as having automatic inheritance rights.

Unmarried partners do not have the same position as spouses or civil partners under the intestacy rules, which can create real difficulty if there is no will or if the will makes little or no provision for them.

This is often where early advice matters. A surviving partner may still be living in the deceased’s property, relying on shared finances, or facing pressure from beneficiaries.

The sooner the position is reviewed, the easier it is to understand the options and any urgent steps that may be needed.

Can you bring an Inheritance Act claim if the deceased died without leaving a will?

Yes. Inheritance Act claims can arise where someone dies without leaving a valid will.

When there is no will, the estate passes under the intestacy rules. Those rules decide who inherits and in what order.

They can produce outcomes that feel surprising, particularly for:

• Unmarried partners.
• Blended families.
• People who were financially dependent on the deceased.

An eligible person may be able to bring a claim if the intestacy rules do not make reasonable financial provision for them.

This is why the absence of a will does not necessarily mean there is no legal route available.

What does the court consider in an Inheritance Act claim?

Every case turns on its own facts. The court does not use a simple formula.

When deciding whether reasonable financial provision has been made, and what order should be made if it has not, the court can consider matters such as:

• The financial resources and needs of the person bringing the claim.
• The financial resources and needs of other applicants or beneficiaries.
• The size and nature of the estate.
• Any obligations and responsibilities the deceased had towards the claimant or beneficiaries.
• Any physical or mental disability affecting those involved.
• Any other matter, including conduct, that the court considers relevant.

This is why two cases that appear similar at first can have very different outcomes. A modest estate, a dependent partner, an adult child in financial difficulty, or a beneficiary with their own needs can all affect how the court approaches the claim.

What can the court award in an Inheritance Act claim, and how is the amount of financial provision decided?

If the court decides that reasonable financial provision has not been made, it has a range of powers.

Depending on the circumstances, it may order a lump sum, regular payments, the transfer of property, a settlement of property, or other financial provision from the estate.

The right outcome will depend on the estate and the needs of the people involved.

For one person, an award might help provide housing stability. For another, it may address a specific financial dependency.

The court’s role is not to punish beneficiaries or disregard the deceased’s wishes, but to decide whether the legal test has been met.

Is there a time limit for bringing an Inheritance Act claim?

Yes. In most cases, a claim should be brought within six months of the date of the Grant of Probate or Letters of Administration.

The court can allow claims outside that period, but late claims are more difficult and should never be treated casually.

This deadline is especially important because families may spend months trying to resolve matters informally. While early discussion can be helpful, it should not lead to the limitation period being missed.

If you are unsure whether probate has been granted, the GOV.UK probate search service can be used to check probate records for England and Wales.

Speak to a civil litigation team about making an Inheritance Act claim

Inheritance Act claims can be complex, but getting early advice can make the position much clearer.

Whether you are considering a claim or need to respond to one, our team can help you understand your options, the likely issues and the steps available to protect your position.

If you are concerned about provision made by a will or under the intestacy rules, Please give us a call, request a callback or make an enquiry to see how we can help.