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Claimant

Also known as: Plaintiff, Applicant

Definition

A claimant is the person who starts a legal case by bringing a claim to court—in estate disputes, this is typically someone challenging a will or seeking provision from an estate.

Understanding who the claimant is matters because this role carries specific responsibilities, including the burden of proving your case and meeting strict time limits.

What Does Claimant Mean?

In UK civil proceedings (England and Wales), a claimant is the party who initiates legal action against another party (the defendant) by bringing a formal claim to court. The term replaced "plaintiff" when the Civil Procedure Rules came into force on 26 April 1999, part of reforms led by Lord Woolf to make legal language more accessible through plain English. The claimant seeks a remedy or relief from the court—typically money, property, or a court order.

In estate and probate disputes specifically, claimants typically challenge will validity or seek provision they believe they're entitled to. Common types of estate claims include Inheritance Act 1975 claims (seeking reasonable financial provision), will challenges based on lack of testamentary capacity, undue influence, or fraud, and claims by missing beneficiaries. Under the Inheritance Act 1975, eligible claimants include spouses and civil partners, former spouses who haven't remarried, children (including adult and adopted children), people treated as children of the family, cohabitants who lived with the deceased for at least two years before death, and people who were financially maintained by the deceased.

Sarah believes her father's will is invalid because he lacked mental capacity when he signed it six weeks before his death. When Sarah issues court proceedings to challenge the will, she becomes the claimant. The executors and beneficiaries named in the disputed will are the defendants. Similarly, David was financially supported by his aunt (£800 monthly rent plus £500 living expenses) for 15 years, but her will left her entire £450,000 estate to a cat charity. David can become a claimant under the Inheritance Act 1975 seeking reasonable provision as a person who was maintained by the deceased.

Being a claimant carries important procedural implications. The claimant bears the burden of proof—they must prove their case with evidence rather than simply raising doubts. Time limits are strict: Inheritance Act claims must be brought within six months of the grant of probate (not the date of death), and court permission for late claims is rarely granted. Claimants typically pay their own legal costs initially and may be ordered to pay the defendant's costs if they lose, though contentious probate has special cost rules under Civil Procedure Rules Part 57. The claimant files first, which means they set the terms of the dispute and choose the grounds on which to bring the claim.

Common Questions

"What's the difference between a claimant and an applicant in UK law?" In UK civil proceedings, both terms describe someone initiating legal action, but their use depends on how proceedings commence. "Claimant" is used when proceedings start by formal claim (with the opposing party called the "defendant"), while "applicant" is used when proceedings start by application (with the opposing party called the "respondent"). In most estate disputes, you'll be called a claimant.

"Is 'claimant' the same as 'plaintiff' in UK law?" Yes, they mean the same thing. The term "claimant" replaced "plaintiff" in England and Wales when the Civil Procedure Rules came into force on 26 April 1999. The change aimed to make legal language more accessible using plain English. Most English-speaking countries still use "plaintiff," but UK courts now use "claimant."

"Who can be a claimant against an estate in the UK?" Under the Inheritance Act 1975, eligible claimants include spouses and civil partners, former spouses who haven't remarried, children (including adult and adopted children), people treated as children of the family, cohabitants who lived with the deceased for two years before death, and people financially maintained by the deceased. Claims must usually be brought within six months of the grant of probate.

Common Misconceptions

Myth: Anyone can become a claimant and challenge a will if they're unhappy with it.

Reality: Only specific categories of people have legal standing to bring Inheritance Act claims in England and Wales. You must be a spouse, civil partner, child, cohabitant (two years or more), or financially dependent person. Distant relatives, friends, and carers generally cannot claim unless they were financially maintained by the deceased. Even eligible claimants must show they weren't adequately provided for.

Myth: The claimant always has to pay all the legal costs in a will dispute.

Reality: While claimants typically pay their own legal costs initially, cost awards in contentious probate cases depend on the circumstances and court rules. If the claimant succeeds, costs may be paid from the estate. If the claimant loses, they usually pay their own costs plus (potentially) the defendant's costs. However, contentious probate has special cost rules under Civil Procedure Rules Part 57, and courts have discretion based on the reasonableness of bringing or defending the claim.

  • Defendant: The party defending against the claimant's claim—in estate disputes, executors and beneficiaries are typically defendants.
  • Will Challenge: A specific type of claim where someone becomes a claimant by contesting a will's validity on grounds like lack of capacity or undue influence.
  • Family Provision Claim: The most common type of estate claim under the Inheritance Act 1975 where eligible claimants seek reasonable financial provision.
  • Contentious Probate: The broader area of law encompassing all disputes where claimants challenge estates or probate proceedings.
  • Litigation: The formal court process through which claimants pursue their claims, involving evidence gathering, hearings, and potential trial.
  • How to Contest a Will in the UK
  • Grounds for Contesting a Will: Discover the specific legal grounds that give you standing to become a claimant in a will challenge—capacity, undue influence, fraud, and more.
  • The Inheritance Act 1975 Explained: Understand who can be a claimant seeking family provision and what "reasonable financial provision" means under UK law.
  • How to Defend a Will Against a Challenge: See the defendant's perspective to understand what defences you'll face as a claimant and how to prepare stronger evidence.
  • What is a Caveat and When to Use One: Discover how lodging a caveat can preserve your position while you gather evidence before becoming a formal claimant.

Need Help with Your Will?

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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.