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The Inheritance Act 1975 Explained: Can You Claim Against an Estate?

· 44 min

Note: The following scenario is fictional and used for illustration.

Rachel and Thomas were married for 42 years. When Thomas died at 73, Rachel discovered his will left their entire £890,000 estate to his two adult children from his first marriage. Rachel received nothing despite being financially dependent—she had no pension and had stopped working 15 years earlier to care for Thomas's elderly mother. The children refused to negotiate, citing their father's clear wishes.

At 68, with no income and no home of her own, Rachel faced potential homelessness. She felt erased—42 years of marriage, sacrificed her career for his family, now with nowhere to turn.

Rachel's story isn't unique. In 2023, there were 122 contested probate cases in England and Wales, up from 116 in 2022. Nearly half involve disputes between siblings and spouses over inadequate provision.

This article explains exactly who can claim under the Inheritance (Provision for Family and Dependants) Act 1975, the legal test courts apply, realistic timescales and costs, and what level of provision you might receive. Whether you're a surviving spouse, adult child, unmarried partner, or dependent, you'll understand your rights and next steps.

Table of Contents

What Is the Inheritance Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 is the law that empowers courts to make financial provision orders from a deceased person's estate when their will or the intestacy rules fail to make reasonable financial provision for specific categories of people.

The Act replaced the Inheritance (Family Provision) Act 1938, following Law Commission reports in 1973-74 that recognized the need for broader protection beyond just spouses. Before 1975, only spouses could claim. The expanded Act now covers children, cohabitees, and other dependents.

It applies only to England and Wales. Northern Ireland has separate legislation (Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979), and Scotland has different rules under its Legal Rights system.

Key amendments have expanded who can claim. The Law Reform (Succession) Act 1995 added cohabitees for deaths after 1 January 1996. The Inheritance and Trustees' Powers Act 2014 expanded the "child of the family" definition for deaths after 1 October 2014, allowing claims by anyone the deceased stood in the role of parent to, not just children from a marriage or civil partnership.

Emma's father died in 2018, leaving his £450,000 estate entirely to his second wife of five years. Emma, 34, had been estranged from her father for three years after he remarried. Under intestacy rules, Emma would have inherited half the estate as his child. But because he left a will, Emma had no automatic right. The Inheritance Act 1975 gave Emma the possibility of a claim—but as you'll see, adult children face an uphill battle.

The Act doesn't help everyone who feels they deserved more. Courts can only intervene for six specific categories of people. Here's who qualifies—and the strict criteria you must meet.

Who Can Make a Claim Under the Inheritance Act 1975?

Only six categories of people can make a claim under Section 1 of the Inheritance Act 1975. Eligibility is strict—grandchildren, siblings, and friends rarely qualify unless they meet specific dependency criteria.

The Six Eligible Categories

Category 1: Spouse or Civil Partner

You qualify if you were legally married or in a civil partnership with the deceased at the time of their death. The ceremony must be completed—being engaged doesn't count. There's no time limit: married for one week or 50 years, you both qualify equally.

This is the only category entitled to the "surviving spouse standard," which allows provision beyond basic maintenance. We'll explore this crucial distinction in the next section.

Category 2: Former Spouse or Civil Partner

You qualify if your divorce or civil partnership dissolution was final (decree absolute or final order issued) but you haven't remarried or entered a new civil partnership.

This is critical: if you remarry, your claim is permanently barred under Section 25 of the Act, regardless of your financial need. Even a void or voidable subsequent marriage blocks your claim.

Courts have discretion to apply either the spouse standard or the maintenance standard to former spouses, depending on the length of the marriage and circumstances of the divorce.

Category 3: Cohabitee (Unmarried Partner)

You qualify if you lived "in the same household" as the deceased and "as husband and wife or civil partners" for the entire two-year period immediately before their death.

Courts interpret "same household" flexibly. You don't need to live at one address full-time—you can maintain two properties if you operate as one household. Temporary separations may not break continuity if the relationship was ongoing.

However, cohabitees can only claim the maintenance standard, not the higher spouse provision. This significantly limits what you can receive.

Category 4: Child of the Deceased

Any child of the deceased can claim, regardless of age. This includes biological children, adopted children, and children born via IVF or surrogacy where the deceased is the legal parent.

There's no age limit, but adult children face the "something more" threshold we'll examine in detail. Minor children have much stronger claims because they have clear maintenance needs.

Stepchildren don't qualify under this category unless they meet Category 5 criteria.

Category 5: "Child of the Family"

Since October 2014, anyone the deceased "stood in the role of parent" to at any time can claim. This includes stepchildren, informally fostered children, and others treated as family, even if there was no marriage or civil partnership.

Before 2014, this category was limited to children of the deceased's marriage or civil partnership. The expanded definition recognizes modern family structures.

Grandchildren don't usually qualify unless the deceased was their parental figure, not just a grandparent.

Category 6: Dependents

Anyone the deceased was maintaining "wholly or partly" immediately before death can claim, but there's a crucial post-2014 requirement: the deceased must have been making "a substantial contribution in money or money's worth" to your reasonable needs.

The burden of proof is on you to demonstrate genuine dependency, not just occasional gifts. Examples include an elderly parent financially supported by the deceased, or a disabled sibling who relied on the deceased for care costs.

Who Cannot Claim

These people have no automatic right to claim:

  • Grandchildren (unless they were raised by the deceased as a child of the family)
  • Siblings (unless financially dependent under Category 6)
  • Friends or carers (unless Category 6 dependency proven)
  • Charities or organizations
  • Anyone outside England and Wales jurisdiction at the time of death

Multiple people can claim simultaneously. Courts balance competing needs when multiple claimants apply.

Real Scenarios: Who Succeeds and Who Fails

David (Successful Cohabitee Claim)

David and Susan lived together for eight years but never married. When David died suddenly at 52, his will left everything to his adult son from a previous marriage. Susan had given up her job to care for David during his two-year cancer treatment. She qualified as a cohabitee under Category 3 and successfully claimed £180,000 (40% of the £450,000 estate) for maintenance, allowing her to retrain and secure housing.

James (Failed Adult Child Claim)

James, 45, a successful accountant earning £85,000 per year, was excluded from his mother's will in favor of his sister. He claimed under Category 4, arguing he "deserved" equal treatment. The court dismissed his claim—he had no financial need for maintenance, no disability, and no moral obligation from his mother beyond ordinary parent-child affection. The will stood.

Linda (Barred Former Spouse Claim)

Linda divorced her husband in 2010 after 30 years of marriage, receiving a modest settlement. When he died in 2023 leaving £2 million to charity, Linda wanted to claim, arguing she'd sacrificed her career for him. But she'd remarried in 2015. Under Section 25, her remarriage permanently barred her from any Inheritance Act claim, regardless of her financial need or the length of her first marriage.

According to Dutton Gregory's 2024 inheritance dispute statistics, disputes between siblings are the most common in the UK, with nearly half of all respondents citing them as the party they're fighting with.

Qualifying under one of these six categories is only the first hurdle. Next, you must prove the will or intestacy failed to make "reasonable financial provision" for you—but that standard varies dramatically depending on who you are.

The Two Standards of 'Reasonable Financial Provision'

The Inheritance Act 1975 doesn't treat all claimants equally. There are two distinct standards of "reasonable financial provision," and which one applies to you determines how much you can receive.

The Two-Tier System

The Surviving Spouse Standard (Higher)

Section 1(2)(a) defines this as "such financial provision as it would be reasonable in all the circumstances of the case for a spouse or civil partner to receive, whether or not that provision is required for his or her maintenance."

This higher standard recognizes that marriage creates an economic partnership. A surviving spouse isn't limited to basic living expenses—they may be entitled to a share of matrimonial assets comparable to what they'd receive in divorce.

The Maintenance Standard (Lower)

Section 1(2)(b) applies to everyone else: "such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance."

This covers former spouses (unless the court applies spouse standard), cohabitees, children, and dependents. It's far more restrictive.

What Does "Maintenance" Actually Mean?

The Supreme Court defined maintenance in Ilott v Mitson [2017] UKSC 17: maintenance "must import provision to meet the everyday expenses of living." It doesn't extend to "any or everything which it would be desirable for a claimant to have."

Maintenance is not bare subsistence or poverty-line survival. But it's also not a comfortable lifestyle or discretionary luxuries. The court assesses what's reasonable based on your age, health, and circumstances.

A 70-year-old with serious health conditions requires different maintenance than a healthy 30-year-old. Context matters.

The Spouse Standard: The "Divorce Cross-Check"

When assessing claims by surviving spouses, courts ask: "What would this spouse have received in divorce proceedings?"

The starting point is often a 50/50 split of matrimonial assets, then adjusted for:

  • Length of marriage (40 years vs. two years)
  • Ages of the parties
  • Contributions (financial and non-financial, including homemaking and childcare)
  • Needs and resources
  • Conduct during the marriage

A wife married for 40 years typically receives far more than a wife married for two years. The spouse standard applies equally to civil partners since the Civil Partnership Act 2004.

Mrs. Kaur's Case (Spouse Standard Applied)

Mrs. Kaur, 84, was married to Mr. Singh for 66 years. His will left his entire £1.2 million estate to their son, excluding her completely due to a family dispute over Mrs. Kaur's opposition to the son's marriage. The court awarded Mrs. Kaur £600,000 (50% of the estate), applying the divorce cross-check. After 66 years of marriage, she was entitled to matrimonial provision, not just subsistence.

The Maintenance Standard: The "Something More" Test

Adult children claiming under the maintenance standard face a significant barrier: financial need alone is insufficient. Courts require "something more"—a compelling reason beyond ordinary family obligation.

Examples of "something more" include:

  • Disability preventing self-support
  • Established financial dependency on the deceased
  • Years of unpaid care provided to the deceased
  • Work in the deceased's family business with an expectation of inheritance
  • Being a minor child still in education

Able-bodied, employed adult children with earning capacity rarely succeed. Courts respect testamentary freedom—the deceased's right to leave their estate as they wish.

Mr. Isaacs (Successful Adult Child Claim with "Something More")

Mr. Isaacs, 74, was excluded from his mother's will. He suffered chronic health conditions, lived in social housing on a modest pension, and had provided care for his mother in her final years. The court found "something more"—his age, poor health, and established need—and awarded him 25% of the estate (approximately £75,000) for maintenance in his remaining years.

Wayne (Failed Adult Child Claim—No "Something More")

Wayne, 42, owned a profitable business, his own home plus two rental properties, and earned over £30,000 per year. His father's will gave everything to Wayne's sister. Wayne claimed he "needed" provision for his children's university fees. The court dismissed the claim: Wayne could meet his own reasonable financial needs. University fees aren't "maintenance."

Award Comparison by Claimant Type

Claimant Type Standard Applied What They Can Receive Example Award
Spouse/Civil Partner Surviving Spouse Standard Beyond maintenance—capital, property, lifestyle provision 40-60% of estate (£400k-£600k on £1m estate)
Former Spouse (not remarried) Spouse OR Maintenance (court's discretion) Depends on marriage length, divorce settlement £100k-£300k (heavily case-specific)
Cohabitee (2+ years) Maintenance Standard Enough to meet living expenses, not lifestyle £50k-£200k (housing deposit, retraining costs)
Adult Child (with "something more") Maintenance Standard Enough for disability care, housing, basic needs £25k-£100k (age/disability-dependent)
Adult Child (able-bodied, employed) Maintenance Standard Usually nothing (no maintenance need) £0 (claim dismissed)
Minor Child Maintenance Standard Housing, education, living costs until independence Ongoing periodical payments or lump sum

Understanding which standard applies is crucial—but courts don't apply these standards in a vacuum. Section 3 of the Act lists specific factors judges must weigh when deciding if provision was reasonable and what to award.

What Factors Do Courts Consider When Assessing Claims?

Courts apply a two-stage test when assessing Inheritance Act claims. At Stage 1, they ask: has the will or intestacy failed to make reasonable financial provision for the claimant? At Stage 2, if the answer is yes, they determine what provision to order.

Section 3 of the Inheritance Act 1975 lists mandatory factors courts must consider at both stages.

The Section 3 Mandatory Factors

Financial resources and needs of the claimant (now and foreseeable future)

Courts examine your complete financial picture:

  • Income: salary, pensions, benefits, rental income
  • Assets: property, savings, investments
  • Needs: housing, healthcare, living costs, education
  • Age and health affecting earning capacity

A 60-year-old with limited pension provision has different needs than a 35-year-old in good health with decades of earning potential ahead.

Financial resources and needs of other claimants

When multiple people claim, courts balance competing needs. The first claimant to file doesn't automatically win. A disabled adult child's needs might outweigh an able-bodied sibling's claim, even if both file valid applications.

Financial resources and needs of beneficiaries under the will or intestacy

Courts consider what beneficiaries receive, but this isn't a "who needs it more" competition. Beneficiaries don't have to justify their entitlement—the deceased chose to benefit them. However, if beneficiaries are financially secure while the claimant faces genuine hardship, this weighs in the claimant's favor.

Obligations and responsibilities the deceased had toward the claimant

Courts distinguish between legal obligations (such as supporting minor children) and moral obligations (such as long-term dependency or promises made).

Length and nature of the relationship matter. A spouse of 40 years creates stronger obligations than a spouse of two years. A disabled adult child the deceased supported for 50 years creates moral obligations an estranged able-bodied child doesn't.

Size and nature of the estate

Small estates yield small awards. Courts can't create money that doesn't exist. A £100,000 estate simply can't provide the same level of provision as a £1 million estate.

The nature of assets also matters. Liquid cash and investments are easier to distribute than illiquid property or business interests. Courts structure awards to avoid forcing fire sales of family homes or businesses where possible.

Physical or mental disability of claimant or beneficiary

Disability carries significant weight. Courts project future medical and care costs when assessing need. A claimant requiring lifelong care has far stronger claims than an able-bodied claimant, even if both fall within eligible categories.

Similarly, if a beneficiary has disability needs, courts may be reluctant to reduce their inheritance to provide for a non-disabled claimant.

Any other matter including conduct of the claimant

Courts have wide discretion here. Bad conduct—such as violence toward the deceased, financial exploitation, or abandonment—can reduce or eliminate an award. Good conduct—such as years of unpaid caregiving or financial support to the deceased—can increase awards.

The deceased's reasons for their will provisions carry weight, but they're not determinative. "I'm excluding my daughter because she married against my wishes" carries little weight. "I'm excluding my son because he's financially secure and my disabled daughter needs care" carries significant weight.

Additional Factors for Specific Claimants

For spouses and former spouses (Section 3(2)):

  • Age of claimant and length of marriage
  • Contribution to the welfare of the family (financial and non-financial, including homemaking and childcare)
  • What the claimant would have received in divorce (the "divorce cross-check")

For cohabitees (Section 3(2A)):

  • Age of claimant and length of cohabitation
  • Contribution to the welfare of the family

For children and children of the family (Section 3(3)):

  • The manner in which the claimant was being, or expected to be, educated or trained
  • For adult children: financial independence and earning capacity

Testamentary Freedom vs. Family Obligation

English law traditionally favors testamentary freedom—your right to dispose of your estate as you wish. The Inheritance Act 1975 is an exception, not the rule. Courts balance protecting vulnerable dependents against respecting the deceased's autonomy.

The deceased's wishes matter, but courts focus on reasonableness, not blind adherence to the will.

Margaret's Case: Applying Section 3 Factors

Margaret, 58, claimed against her late husband's estate. They'd been married 35 years. She'd stopped working at 30 to raise their three children and never returned to employment. At his death, the estate was £750,000 (family home £500,000, savings £250,000). His will left £50,000 to Margaret and the rest to their adult children.

Stage 1: Was provision reasonable?

The court found £50,000 was not reasonable provision. Margaret had no pension, no savings, no home of her own, and limited earning capacity at 58.

Stage 2: What should be awarded?

The court considered:

  • (a) Margaret's needs: Housing (£300,000), living costs (£20,000 per year for approximately 25 years = £500,000), no pension
  • (c) Children's resources: All three adults, employed, homeowners with their own families
  • (d) Obligations: 35-year marriage, Margaret sacrificed career for family, provided homemaking and childcare
  • (e) Estate size: £750,000 total
  • (g) Conduct: No bad conduct. Margaret cared for her husband during his five-year illness

Award: £450,000 (60% of estate)—the family home plus £200,000 cash. The children shared £300,000.

The divorce cross-check supported this. Margaret would have received 50-60% in divorce after a 35-year marriage where she'd sacrificed her career.

These factors determine if and how much you can claim—but only if you act within the strict six-month deadline. Miss it, and you may lose your right to claim entirely.

The Six-Month Time Limit: Why It Matters and What Happens If You're Late

Time is critical in Inheritance Act claims. Section 4 of the Act imposes a strict six-month deadline that can bar your claim permanently if you miss it.

The Statutory Deadline

Claims must be made within six months from the date representation is first taken out. "Representation" means the grant of probate (for wills) or letters of administration (for intestacy).

Count from the date of the grant, not the date of death. There can be months between death and grant of representation.

Example: Death on 15 January 2025, grant of probate on 10 March 2025. Your deadline is 10 September 2025.

Why the Deadline Exists

The deadline allows executors to distribute the estate with confidence after six months. Beneficiaries can plan their finances. It prevents indefinite uncertainty hanging over estates and encourages prompt resolution.

After six months, Section 20 of the Act protects executors. They can distribute the estate safely. If a court later permits a late claim, the claim comes from distributed assets in beneficiaries' hands, not from the executor personally.

What "Making a Claim" Means

You must file a formal claim with the court—complete the court form, pay the fee, and submit your particulars of claim.

Simply contacting executors or expressing unhappiness doesn't count. Instructing a solicitor without filing doesn't count either.

You can issue a claim before the grant of probate if the deadline is approaching. This protective measure preserves your position.

Late Claims: Can You Apply After Six Months?

Courts can grant permission for late claims, but it's entirely discretionary. There's no automatic right—you must explain your delay and convince the court to allow your claim.

Factors courts consider:

  • Length of delay: Two weeks late is very different from two years late
  • Reason for delay: Illness, lack of knowledge of the death, misleading advice from professionals
  • Effect on beneficiaries: Have they spent or invested their inheritance?
  • Strength of your claim: Strong claims on merit are more likely to be allowed late
  • Prejudice: Will refusing permission harm you more than allowing it harms the estate?

When Courts Allow Late Claims

Courts are more sympathetic when:

  • You genuinely didn't know about the death or grant (such as estranged family members)
  • Serious illness prevented you from filing
  • The executor actively misled you about the time limit
  • The delay is very short (a few weeks) with a good reason
  • The estate hasn't been distributed yet

Joanne's Late Claim (Allowed)

Joanne's father died in March 2020. She was estranged—they hadn't spoken in 10 years—and only learned of his death in November 2021 when a cousin contacted her. Probate was granted in May 2020. The six-month deadline was November 2020, which was 18 months in the past. Joanne applied for permission to claim late in December 2021.

The court granted permission because:

  • Joanne genuinely didn't know about the death (evidenced by the estrangement)
  • She acted promptly once she learned (one month)
  • The estate hadn't been fully distributed yet (executors had prudently held back a reserve)
  • Her claim had merit (disabled adult child with genuine maintenance need)

The court allowed the late claim and later awarded Joanne £85,000.

When Courts Refuse Late Claims

Courts are far less sympathetic when:

  • You knew about the death and grant but delayed (even if you were "thinking about it")
  • Beneficiaries have already distributed or spent their inheritance
  • The delay is years, not months
  • Your claim is weak on merit (courts see no point allowing a late weak claim)

Peter's Late Claim (Refused)

Peter's mother died in January 2023. He attended the funeral, knew about the will excluding him, and spoke to a solicitor in March 2023 who advised him of the six-month deadline. Probate was granted in February 2023, making the deadline August 2023. Peter "thought about it" but didn't file until October 2023 (two months late).

The court refused permission:

  • Peter knew about the death, grant, and deadline
  • No good reason for the delay (indecision isn't a valid reason)
  • Beneficiaries (his siblings) had already received and spent parts of their inheritance
  • The delay prejudiced the estate and beneficiaries unfairly

Critical Advice: Don't Wait

Do not wait to see if executors will negotiate before filing your claim. Even if you're in mediation, file your court claim within six months to protect your position. You can always withdraw or settle later.

Missing the deadline is catastrophic. Courts are reluctant to allow late claims, and you'll need compelling reasons.

According to Browne Jacobson's Inheritance Act 1975 guidance, most cases settle within six months if parties engage early.

If you claim within the deadline and succeed, what can you actually receive? Courts have wide discretion to order different types of provision depending on your needs and the estate's structure.

What Can You Actually Claim? Types of Financial Provision Awarded

Courts can order various forms of financial provision under Section 2 of the Inheritance Act 1975. Awards aren't limited to cash lump sums—courts tailor orders to your needs and the estate's composition.

Types of Orders Available

Lump Sum Payment

This is a one-off capital payment from the estate. It's the most common form of provision.

Example: £100,000 paid from the estate's cash and investments.

Advantages: Clean break, no ongoing estate management, you control how to use the money.

Disadvantages: You must manage the money prudently to make it last.

Transfer of Property

The court can transfer a specific asset to you, such as the family home or another property.

Example: Family home transferred to the surviving spouse.

Courts can impose conditions, such as a life interest only (you can live there for life, but the property reverts to other beneficiaries on your death).

Periodical Payments (Ongoing Income)

These are regular payments for your maintenance, paid weekly, monthly, or annually. They're usually ordered for spouses or minor children.

Payments can continue for a fixed term or until your death, remarriage, or another specified event.

Example: £2,000 per month for life or until remarriage.

Advantages: Protects claimants who can't manage a lump sum, provides ongoing security.

Disadvantages: Ties up the estate, requires ongoing administration, creates dependency.

Acquisition of Property from the Estate

The court can order the estate to purchase property for you.

Example: The estate buys a £250,000 flat for the widow to live in.

This is rare but useful when the estate has liquid assets but the claimant needs housing.

Variation of Ante-Nuptial or Post-Nuptial Settlement

This applies to complex trust structures and is very rare in practice.

How Courts Decide What Form of Provision

Courts consider:

  • Your age and ability to manage money (lump sum vs. periodical payments)
  • The estate's composition (liquid cash vs. illiquid property)
  • Your need for immediate housing security (property transfer)
  • Tax implications (inheritance tax, capital gains tax)
  • Preference for clean breaks (lump sums avoid ongoing administration)

Conditions and Restrictions

Courts can impose conditions on awards:

  • "£200,000 lump sum held in trust until the claimant turns 25"
  • "Widow gets the right to live in the property for life, then it reverts to the children"
  • Periodical payments can cease on remarriage, cohabitation, or death

What You Cannot Claim

You can't receive more than the estate contains. Courts can't create assets from nothing.

You can't demand provision beyond what's "reasonable." If the estate is £100,000, you can't demand a mansion.

Courts don't make punishment awards. The Act isn't designed to punish beneficiaries or reward bad behavior.

Typical Award Ranges

These are guidance, not rules. Every case depends on its specific facts.

Surviving Spouse/Civil Partner:

  • Small estate (under £250,000): Often 50-80% (housing security is paramount)
  • Medium estate (£250,000-£1 million): 40-60% (divorce cross-check applies)
  • Large estate (over £1 million): Variable (may be a smaller percentage but sufficient for needs)

Cohabitee:

  • Maintenance standard only: £50,000-£200,000 common
  • Enough to rehouse, retrain, bridge financial gap
  • Not a matrimonial share (no 50/50 entitlement)

Adult Child with Disability:

  • £50,000-£200,000+ depending on care needs
  • May include property transfer for adapted housing
  • Ongoing periodical payments if care costs are substantial

Adult Child (Able-Bodied):

  • Usually £0 (claim dismissed)
  • If successful: £25,000-£75,000 (for specific need, such as retraining after caring for the deceased)

Example Award Breakdown

Estate: £600,000 (house £400,000, savings £200,000)

Claimants: Widow (68, no pension) and the deceased's adult son from his first marriage

Court Order:

  • Widow: Life interest in the house (right to live there until death or remarriage) plus £100,000 lump sum
  • Son: £100,000 lump sum now, plus remainder interest in the house (he inherits it when the widow dies or remarries)

Reasoning: The widow needs housing security (life interest) and income for living costs (£100,000 lump sum). The son gets immediate provision (£100,000) plus delayed inheritance (the house later). This balances the needs of both claimants.

Award Type Comparison

Award Type Best For Example Advantages Disadvantages
Lump Sum Claimants who can manage money; need capital for housing or business £150,000 cash Clean break, flexibility Claimant must manage wisely
Property Transfer Claimants needing housing security Family home transferred to widow Immediate security Illiquid, may exceed need
Periodical Payments Elderly or vulnerable claimants; minor children £1,500/month for life Ongoing support, can't be squandered Ties up estate, administration burden
Life Interest Surviving spouse with remainder to children Right to live in house for life Balances spouse and children's interests Complex, delays children's inheritance

These awards can be substantial—which raises the question: how much will it cost you to pursue a claim, and who ends up paying the legal fees?

How Much Do Inheritance Act Claims Cost? (And Who Pays?)

Legal costs are the elephant in the room. Understanding what you'll pay—and what you might recover—is essential before pursuing an Inheritance Act claim.

Solicitor Hourly Rates:

  • Regional firms: £200-£350 per hour
  • London firms: £350-£600 per hour

Total Costs to Trial: £20,000-£50,000+ per party (sometimes far more in complex cases)

Stages and Costs:

  • Initial advice and letter before claim: £2,000-£5,000
  • Issuing court claim: £3,000-£7,000 (includes court fee and drafting the claim)
  • Disclosure and witness statements: £5,000-£15,000
  • Trial preparation and attendance: £10,000-£25,000

If Settled at Mediation (Most Common):

  • £5,000-£15,000 total (pre-mediation work plus mediation day)
  • Mediation fee: £1,500-£3,000 (usually split between parties)
  • Mediation typically occurs three to six months after the claim is issued

General Rule: "Loser Pays"

If you win, the estate typically pays your reasonable legal costs. If the estate disputes the amount, the court assesses what's reasonable.

If you lose, you pay your own costs plus the estate's costs. This can be financially devastating.

However, the court has discretion. It may make different costs orders based on conduct. If you reject a reasonable settlement offer and then receive less at trial, you may face an adverse costs order even if you "win."

Settlement Costs:

In settled cases, costs are negotiated as part of the settlement. Common arrangements include "Estate pays claimant's costs up to £X" or "Each side bears own costs."

Cost Risks:

  • Bringing a weak claim: The court may order you to pay the estate's costs in full
  • Rejecting reasonable settlement offers: May face adverse costs order at trial
  • Late claims: If the court allows your late claim but criticizes your delay, it may reduce your costs award

Conditional Fee Agreements ("No Win, No Fee")

Conditional fee agreements (CFAs) are permitted for Inheritance Act claims.

How They Work:

  • Your solicitor agrees: If you lose, you pay nothing in legal fees
  • If you win, you pay: Normal fees plus a "success fee" (typically 25-100% uplift on base fees)

Example: Base fees £15,000, plus 50% success fee = £22,500 total.

Critical Warning: Following the Supreme Court ruling in Hirachand v Hirachand, the success fee is not recoverable from the estate as part of your "financial provision." You must pay the success fee from your award.

This significantly reduces your net recovery.

Example: The court awards you £100,000. Your base costs are £15,000 plus a success fee of £7,500 = £22,500 total. You net £77,500.

CFAs make sense only if you can't afford any costs upfront and your claim is strong. The success fee will significantly erode your award. Shop around—success fee rates vary widely (25-100%). Read the agreement carefully—some CFAs have onerous terms.

Before-the-Event Insurance vs. After-the-Event Insurance

Before-the-Event (BTE) Insurance:

Check your home insurance policy. Many policies include legal expenses cover that may cover Inheritance Act claims up to £50,000-£100,000.

There's no success fee with BTE insurance—a huge advantage. Check your policy before instructing a solicitor.

After-the-Event (ATE) Insurance:

This is a policy purchased after the dispute arises. It covers the opponent's costs if you lose.

Premium: £2,000-£10,000+ (often deferred until the case ends). The premium may be recoverable from the estate if you win (complex rules apply).

Cost-Benefit Analysis

When a Claim Makes Financial Sense:

  • The estate is substantial (£300,000+)
  • Your expected award exceeds £50,000
  • You have a strong case on merit (eligible category plus clear financial need)
  • The opponent is willing to mediate early (reducing costs)

When a Claim May Not Be Worth It:

  • Small estate (under £100,000) where costs could consume most or all of the award
  • Weak case (able-bodied adult child with good income)
  • The opponent is digging in for a long, costly fight
  • You're motivated by emotion rather than genuine financial need

Claire's Cost Scenario

Claire, a cohabitee, claimed against her late partner's £400,000 estate. She instructed a solicitor on a CFA with a 50% success fee.

Costs breakdown:

  • Pre-mediation work: £8,000 (base fees)
  • Mediation: £1,500 (her share)
  • Total base fees: £9,500
  • Success fee (50%): £4,750
  • Total Claire pays: £14,250

Settlement: The estate paid Claire £120,000 plus her base costs (£9,500).

Claire's net recovery: £120,000 (award) plus £9,500 (base costs reimbursed) minus £14,250 (total fees including success fee) = £115,250 net.

If Claire had paid standard fees without a CFA, she'd have paid £9,500 total and netted £120,000. The CFA cost her £4,750 extra.

Get costs advice before proceeding. A £30,000 award from a £150,000 estate may sound good—until £20,000+ in legal fees leave you with £10,000 net. If the estate or beneficiaries offer a reasonable settlement early, seriously consider it. Mediation is almost always cheaper than trial.

The good news: most Inheritance Act claims never reach a courtroom. Mediation and early settlement are now standard practice, saving both money and family relationships.

Mediation vs. Court: How Most Claims Are Actually Resolved

The reality is that very few Inheritance Act claims reach a full court trial. According to Browne Jacobson, most cases settle long before that, often through mediation. Estimated 90%+ of claims settle before trial (based on solicitor consensus, as there are no official statistics).

Trials are expensive, uncertain, emotionally draining, and destroy family relationships.

What Is Mediation?

The Process:

An independent mediator (typically a trained neutral third party, often a retired judge or senior solicitor) facilitates negotiation. Mediation usually involves a one-day session (sometimes half-day or two days).

Each party stays in separate rooms. The mediator shuttles between them, exploring positions, testing assumptions, and encouraging compromise.

The mediator has no power to impose a settlement—they only facilitate negotiation. You maintain control over the outcome.

When It Happens:

Typically three to six months after the claim is issued, after disclosure has been exchanged (both sides know the financial position) but before significant trial costs are incurred.

Cost:

  • Mediator fee: £1,500-£3,000 (usually split equally between parties)
  • Legal representation: £2,000-£5,000 (your solicitor attends with you)
  • Total per party: £2,500-£5,000 (far less than trial)

Setting:

Mediation often takes place at solicitor's offices or the mediator's chambers. It's informal—no judge, no oath, no cross-examination. Everything is confidential. Anything said during mediation cannot be used in court if mediation fails.

Advantages of Mediation

  • Cost: One-tenth the cost of trial
  • Speed: Settles in six months vs. 18-24 months to trial
  • Control: Parties craft the settlement, it's not imposed by a judge
  • Flexibility: Can agree creative solutions (delayed payments, property swaps)
  • Certainty: No risk of losing at trial
  • Privacy: No public judgment
  • Relationships: Less adversarial, preserves some family goodwill

Disadvantages of Mediation

  • No Guarantee of Settlement: Either side can refuse to settle
  • Requires Compromise: Neither side gets 100% of what they want
  • Power Imbalance: Strong negotiators may pressure weaker parties
  • Costs if It Fails: Mediation costs are wasted if there's no settlement, then you proceed to trial

Settlement Dynamics

What Affects Settlement Value:

  • Strength of your claim (eligible category plus clear need = higher settlement)
  • Opponent's risk tolerance (risk-averse beneficiaries settle higher to avoid trial)
  • Estate size (bigger estates have more room for settlement)
  • Evidence (strong witness statements and financial evidence = higher settlement)
  • Costs risks (if you're likely to win, the estate settles to avoid paying your costs)

Typical Settlement Outcomes:

  • Spouse claims: 30-50% of estate (lower than the divorce cross-check but avoids trial risk)
  • Cohabitee claims: £40,000-£150,000 (maintenance level, depends on need)
  • Adult child claims: £0 (withdrawn) or £20,000-£60,000 (nuisance value or genuine need recognized)

When Mediation Fails and Cases Go to Trial

Reasons for Trial:

  • Parties too far apart on value (claimant wants £200,000, estate offers £30,000)
  • Point of principle (beneficiary refuses to honor what they see as an "unjust will")
  • Claimant unrealistic about claim strength
  • Estate executors taking neutral stance, beneficiaries can't agree among themselves

Trial Process:

  • County Court or High Court (depends on estate value)
  • One to three day hearing (simple case) or five to ten days (complex)
  • Witnesses give evidence and are cross-examined
  • Judge reviews Section 3 factors and makes decision
  • Judgment is public (published on court databases)

Trial Risks:

  • Uncertain outcome (judges have wide discretion)
  • Costs escalate (£20,000-£50,000+ per side)
  • Emotional toll (cross-examination, family testifying against each other)
  • Time (18-24 months from claim to trial)

Pre-Action Protocol

Before issuing a claim, you should send a "letter before claim" to the estate setting out the basis of your claim and proposing settlement. Allow the estate two to three months to respond and provide disclosure.

Courts expect parties to try to settle before litigation. Failure to follow the protocol can result in costs penalties.

Robert's Mediation Scenario

Robert, an adult son, claimed against his father's £600,000 estate (all left to his stepmother). Robert had moderate disability, worked part-time earning £12,000 per year, and rented a flat.

At mediation:

Robert's position: Claimed £200,000 (one-third of estate), argued moral obligation (he's the son) and disability need.

Stepmother's position: Offered £30,000, argued that the father had provided for Robert during his lifetime and the stepmother needs the house for security.

Mediator reality check:

  • Robert has genuine disability need—his claim isn't hopeless
  • But maintenance standard only, not capital entitlement
  • Trial risk for both: Robert might get £50,000-£100,000, or he might get £0
  • Costs to trial: £20,000+ each (which consumes the settlement)

Settlement after eight hours: £75,000 lump sum, estate pays Robert's base costs (£8,000).

Robert nets £75,000 (enough for a disability-adapted housing deposit). The stepmother keeps £525,000 plus the house (avoids trial risk and costs). Both win.

Mediation vs. Trial Comparison

Factor Mediation Trial
Cost £2,500-£5,000 per party £20,000-£50,000+ per party
Duration 1-day session, 3-6 months total 1-3 day hearing, 18-24 months total
Outcome Control Parties agree settlement Judge imposes decision
Flexibility Creative solutions possible Limited to statutory orders
Privacy Confidential Public judgment
Certainty Settlement guaranteed if agreed Risk of losing
Relationships Less adversarial Highly adversarial
Success Rate 70-80% settle at mediation 100% decision, but uncertain which way

The best way to avoid Inheritance Act claims entirely is to create a will that makes reasonable provision for those who depend on you. Here's how to protect your family from these disputes.

How to Protect Your Own Family: Making a Will That Reduces Inheritance Act Risk

If you're making your own will, understanding the Inheritance Act 1975 helps you avoid creating the conditions for a claim against your estate. Prevention is far better than litigation.

Who Is Most at Risk of an Inheritance Act Claim?

High-Risk Will Situations:

  • Excluding a spouse or civil partner entirely or giving a token amount
  • Leaving everything to a new spouse, nothing to children from a first marriage
  • Excluding adult children (especially if disabled or financially dependent)
  • Excluding a long-term unmarried partner (cohabitee)
  • Leaving nothing to minor children
  • Disinheriting family members without explanation or justification
  • Failing to update your will after divorce, remarriage, or birth of children

Why These Are Vulnerable:

Courts will scrutinize wills that leave dependents unprovided for. "I can leave my estate to whoever I want" is true—but courts can override your will if it's unreasonable.

Moral obligations matter. Long marriages, dependency, and children create obligations courts recognize.

How to Draft a Will That Minimizes Inheritance Act Claims

Strategy 1: Make Reasonable Provision in the First Place

  • If you have a spouse, provide adequately (at least housing security or substantial capital)
  • If you have minor children, ensure they're provided for (trust, guardians with funds)
  • If you have adult disabled children, consider ongoing provision
  • If you have a long-term unmarried partner, recognize their dependency
  • If excluding someone, consider a small legacy to acknowledge them

Strategy 2: Include a Statement of Reasons (in a Separate Letter, Not in Your Will)

Explain why you made your dispositions. Courts give weight to the deceased's reasoning, especially if it's rational and evidenced.

Examples:

  • "I'm leaving most of my estate to my disabled son because he requires lifelong care. My daughter is financially independent and successful in her career."
  • "My son and I have been estranged for 20 years despite my attempts at reconciliation. I've made provision for my grandchildren instead."

Do not include reasons in your will itself. This makes the probate process contentious. Use a side letter stored with your will.

Strategy 3: Review and Update Regularly

Update your will after marriage, divorce, birth of children, death of beneficiaries, or major asset changes.

Stale wills are vulnerable. Provisions that were reasonable in 1995 may not be reasonable in 2025.

Review your will every five years minimum, or after a major life event.

Strategy 4: Consider Lifetime Provision

If you want to benefit someone but exclude them from your will, provide during your lifetime.

Example: Pay for a grandchild's university fees now, rather than leaving an inheritance later.

Lifetime gifts reduce your estate and reduce exposure to Inheritance Act claims (but beware inheritance tax implications).

Strategy 5: Use Professional Advice for Complex Families

  • Blended families (children from multiple marriages)
  • Disabled dependents (special needs trusts)
  • Estranged family members
  • Business assets or significant wealth

A solicitor can advise on balancing testamentary freedom with Inheritance Act risk.

Common Mistakes That Invite Inheritance Act Claims

Mistake 1: Token Legacies to Placate

Leaving your spouse £10,000 from a £500,000 estate doesn't protect you. Courts will still find it unreasonable provision.

Mistake 2: Disinheriting Without Explanation

Silent exclusions invite speculation and claims. At minimum, document your reasoning in a side letter.

Mistake 3: Assuming "Common Law Marriage" Protects Your Partner

Unmarried partners have no automatic inheritance rights. If you want to protect a long-term partner, marry them or provide in your will.

Mistake 4: Not Providing for Disabled Children

Able-bodied adult children may not succeed in claims. Disabled adult children often do. Plan for this.

Mistake 5: DIY Wills Without Understanding Family Obligations

Template wills don't account for complex family dynamics. Unintended consequences include accidentally excluding stepchildren.

James's Prevention Example

James, 62, remarried after divorce. He has two adult children from his first marriage and a new wife (married three years). His estate is worth £700,000.

Instinct: "I'll leave everything to my wife—she'll look after the kids."

Risk: The children could claim under the Inheritance Act (no provision for them, the wife isn't their mother, and she has no obligation to provide for them).

WUHLD Solution: James uses WUHLD to create a will that:

  • Leaves his wife a life interest in the family home (security for her life)
  • Leaves £100,000 to his wife outright (immediate provision)
  • Remainder (£600,000 plus the house after the wife's death) split equally between his children

Result: The wife is provided for, the children are acknowledged, and an Inheritance Act claim is much less likely.

When to Use a Solicitor Instead

  • Blended families with competing interests (your children vs. new spouse)
  • Disabled dependents requiring special needs trusts
  • High-value estates (£1 million+) with inheritance tax planning needs
  • Intention to disinherit a spouse or children (high Inheritance Act risk)
  • Business assets, international property, complex investments

Understanding the Inheritance Act 1975 empowers you whether you're facing a potential claim or planning to protect your own family.

Key Takeaways: Understanding Your Rights Under the Inheritance Act 1975

Six categories can claim: Surviving spouse or civil partner, former spouse (if not remarried), cohabitee (two or more years), children (any age), "child of the family," and financial dependents. Eligibility is strict—grandchildren, siblings, and friends rarely qualify unless they meet dependency criteria.

Two standards apply: Spouses get the higher "surviving spouse standard" (beyond maintenance, often 40-60% of estate), while everyone else gets the lower "maintenance standard" (everyday living expenses only). Adult children need "something more" than financial need—disability, dependency, or special circumstances.

You have six months: Claims must be filed within six months of the probate grant. Late claims require court permission (rarely granted). Even if you're negotiating, file your claim within the deadline to protect your position.

Most cases settle: 90%+ of claims settle at mediation within six months, costing £5,000-£15,000 per party. Trials cost £20,000-£50,000+ and take 18-24 months. Mediation is faster, cheaper, and preserves family relationships.

Prevention is better than litigation: If you're making your own will, provide reasonably for spouses, minor children, disabled dependents, and long-term partners. Include a side letter explaining your reasoning if you're excluding anyone. Review your will every five years to ensure it remains reasonable as circumstances change.

The Inheritance Act 1975 exists to protect vulnerable family members from being left destitute when a will or intestacy fails to provide for them. But litigation is expensive, uncertain, and damages families permanently. Whether you're considering a claim or planning your own estate, understanding these rules empowers you to make informed decisions that balance legal rights with family harmony.

Need Help with Your Will?

The best way to prevent Inheritance Act claims against your own estate is to create a will that makes reasonable provision for your spouse, children, and anyone who depends on you financially. A clear, legally valid will reduces uncertainty and protects your family from costly disputes.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Frequently Asked Questions About the Inheritance Act 1975

Who can make a claim under the Inheritance Act 1975?

Six categories of people can claim: surviving spouses or civil partners, former spouses who haven't remarried, cohabitees who lived with the deceased for two or more years, children (including adult children), anyone treated as a "child of the family," and anyone financially dependent on the deceased immediately before death. Each category has different eligibility criteria under Section 1 of the Act.

How long do I have to make an Inheritance Act 1975 claim?

You must normally make your claim within six months of the grant of probate or letters of administration. Claims after this deadline require court permission, which is discretionary and not guaranteed. The court is much less likely to allow late claims, so seek legal advice immediately if you believe you have a claim.

What is 'reasonable financial provision' under the Inheritance Act 1975?

There are two standards: the "surviving spouse standard" (higher) allows provision beyond maintenance needs, while the "maintenance standard" (lower) only covers everyday living expenses for all other claimants. Courts consider factors in Section 3 including financial resources, needs, estate size, obligations, and the deceased's reasons for their will.

Can adult children claim under the Inheritance Act 1975?

Yes, but adult children face a higher threshold. Courts require "something more" than financial need alone—such as disability, established dependency, involvement in a family business, or special circumstances. Able-bodied adult children with earning capacity rarely succeed unless they can demonstrate genuine maintenance needs the deceased had a moral obligation to meet.

Can unmarried partners claim under the Inheritance Act 1975?

Yes, if you lived with the deceased "as husband and wife or civil partners" for the entire two-year period immediately before their death. Courts interpret "same household" flexibly (you don't need to live at one address full-time), but you must meet the two-year requirement and can only claim the maintenance standard, not the higher spouse provision.

What happens if my Inheritance Act 1975 claim is successful?

The court can order various forms of provision: lump sum payments, property transfers, periodical payments (ongoing income), or specific provisions like funding education or housing. Awards depend on your category (spouse vs. other claimant), needs, estate size, and Section 3 factors. Most cases settle through mediation rather than going to trial.

How much do Inheritance Act 1975 claims cost?

Legal costs vary significantly, but can easily reach £20,000-£50,000+ if a case goes to trial. Most cases settle through mediation (average six months), reducing costs substantially to £5,000-£15,000 per party. "No win, no fee" conditional fee agreements are permitted, but you must pay the success fee (often 25-100% uplift) from your award if you win—the estate won't pay it.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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