The Inheritance Act 1975: Claims for Reasonable Financial Provision

While English law generally respects “testamentary freedom”, the right to leave your estate to whomever you choose, this right is not absolute. The Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) provides a vital safety net for individuals who were financially dependent on the deceased but have been left without “reasonable financial provision”. Unlike a validity challenge, a 1975 Act claim does not argue that the Will is “fake” or “invalid”; instead, it asks the court to rewrite the distribution of assets because the current result is unfair or leaves a dependent in financial hardship.

Who Can Claim?

Not everyone who is disappointed by a Will can bring a claim. To be eligible under the 1975 Act, the deceased must have died domiciled in England and Wales, and the claimant must fall into one of these specific categories:

• The Spouse or Civil Partner: Includes those in a subsisting marriage/partnership at the time of death.
• The “Two-Year” Cohabitee: Someone who lived with the deceased as a spouse or civil partner for at least the two years immediately preceding the death.
• Former Spouses/Civil Partners: Provided they have not remarried or entered a new civil partnership.
• Children of the Deceased: This includes adult children, adopted children, and even those treated as a “child of the family” (such as stepchildren).
• Financial Dependants: Any person who was being maintained, wholly or partly, by the deceased immediately before their death.

Read our guide for more in-depth information: The Estranged Adult Child: Can you successfully claim from an estate if you haven’t spoken to your parent in years?

What is “Reasonable Financial Provision”?

The court applies two different standards depending on the claimant’s relationship to the deceased:

1. The “Spousal Standard”: For surviving spouses and civil partners, the court considers what is reasonable in all circumstances, whether or not it is required for their maintenance. This is often benchmarked against what they might have received in a “hypothetical divorce”.
2. The “Maintenance Standard”: For all other claimants, the award is limited to what is reasonable for their maintenance, i.e., what they need to live on at a standard appropriate to them. It is not a windfall; it is a calculation of financial need.

The Section 3 Factors: How the Court Decides

When a claim is brought, the court does not simply “split the difference.” It must weigh the evidence against seven statutory factors under Section 3 of the Act:

• Financial Needs and Resources: The current and future financial requirements of the claimant, other beneficiaries, and any other applicants.
• The Deceased’s Obligations: Any responsibilities the deceased had towards the claimant (e.g., a promise to provide or a history of regular payments).
• Size of the Estate: A claim against a £2 million estate is viewed differently than one against a £50,000 estate.
• Disabilities: Any physical or mental disability of the claimant or any other beneficiary.
• Conduct: Any other matter the court considers relevant, including the conduct of the claimant.

The Strict 6-Month Deadline

The 1975 Act has the most unforgiving time limit in contentious probate. You must issue your claim at court within six months of the date the Grant of Probate is issued.

• Late Claims: While the court has the discretion to allow late claims, it is only granted in exceptional circumstances.
• Don’t Wait for Distribution: If you wait until the executor has distributed the money, your claim may be technically valid but practically impossible to enforce.

Let’s Do This Together

Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.

To our team, this process is not about winning; it’s about claiming what was yours from the beginning.

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. Can adult children really claim?

Yes. Since the landmark case of Ilott v The Blue Cross [2017], it is confirmed that adult children can claim, but it is difficult. They must usually demonstrate a clear “financial need” and often a “moral obligation” from the parent.

2. Does a “No-Contest” clause stop a 1975 Act claim?

Not necessarily. While a clause stating “if you challenge this Will, you lose your gift” can be valid, the court’s power to provide reasonable maintenance under the 1975 Act cannot be completely “written out” by a testator.

3. What if there was no Will (Intestacy)?

You can still claim! If the statutory Rules of Intestacy leave a spouse or dependent without enough to live on, the 1975 Act can be used to “vary” those rules.