Definition
A dependent is someone who relies on you for financial support—such as an unmarried partner, adult child with disabilities, or elderly parent—who may have legal rights to claim from your estate even if not named in your will.
Understanding who counts as a dependent is crucial for will planning because dependents have legal rights under the Inheritance Act 1975 to claim "reasonable financial provision" from your estate, even if you deliberately excluded them.
What Does Dependent Mean?
Under the Inheritance (Provision for Family and Dependants) Act 1975, a dependent is any person who was being maintained, wholly or partly, by you immediately before your death. The legal test is whether you were making a substantial contribution toward their reasonable needs without receiving full payment in return. This reflects Parliament's recognition that moral obligations to vulnerable people sometimes override complete testamentary freedom.
Dependents can include unmarried partners who lived with you for at least two years, adult children who relied on your financial support, elderly parents receiving your care or financial assistance, disabled siblings or relatives, or anyone else in a dependency relationship with you. What matters is actual financial dependency, not just family relationship. Sarah, who lived with her partner David for six years and gave up her teaching career to care for his children, would count as a dependent because she had no income and relied entirely on David's support.
When dependents aren't adequately provided for, they can make a Family Provision Claim under the Inheritance Act 1975. The court applies an objective test to determine "reasonable financial provision for maintenance"—neither luxurious nor poverty-stricken, but enough to maintain the dependent at a reasonable level. Claims must be made within six months of the Grant of Probate being issued. Margaret's attorney successfully claimed £150,000 from her daughter Emma's estate after Emma died without providing for her 82-year-old mother's care home fees of £4,500 per month—the court found it unreasonable to leave Margaret, who had relied on Emma's financial support for three years, without continued provision.
Common Questions
"Can my partner claim from my estate if we're not married?" Yes, unmarried partners who lived with you for at least two years before death can claim under the Inheritance Act 1975 as dependents. However, they have no automatic right to inherit under intestacy rules—they must make a claim to court and prove they were financially dependent on you.
"Do adult children count as dependents?" Adult children can be dependents if they were financially reliant on you at the time of your death. Unlike minor children, they don't automatically qualify—they must demonstrate actual financial dependency to make a claim under the Inheritance Act 1975.
"Who counts as a financially dependent relative?" A financially dependent relative is anyone who relied on you for financial support immediately before your death, including elderly parents, disabled siblings, or adult children with special needs. They can claim reasonable financial provision from your estate under the Inheritance Act 1975, even if your will excluded them.
Common Misconceptions
Myth: Only my spouse and children count as dependents
Reality: Anyone who relied on your financial support immediately before death can be a dependent, including unmarried partners, elderly parents, disabled siblings, or even friends in some cases. The key is actual financial dependency, not just family relationship—courts look at whether you made substantial contributions to their reasonable needs.
Myth: If I don't mention dependents in my will, they have no claim
Reality: Dependents have legal rights to claim reasonable financial provision from your estate under the Inheritance Act 1975, even if you deliberately excluded them. The court can override your wishes if it decides you failed to make reasonable provision for someone who depended on you financially. This reflects Parliament's policy choice that moral obligations to dependents limit absolute testamentary freedom.
Related Terms
- Reasonable Financial Provision: The legal test courts use to determine what dependents should receive—neither luxurious nor poverty-stricken, but enough for reasonable maintenance.
- Family Provision Claim: The legal action dependents must bring to court within six months to challenge inadequate provision in a will.
- Inheritance Act 1975: The enabling legislation that gives dependents their legal rights to claim from estates that don't adequately provide for them.
- Special Needs: People with special needs are often dependents because they cannot support themselves financially and require continued provision after death.
- Vulnerable Adult: Many dependents are vulnerable adults who need ongoing support, and the legal protections for both categories overlap significantly.
Related Articles
- Foreign Nationals with UK Assets: Will Planning
- Special Needs Dependents: Will and Trust Planning
- How to Contest a Will in the UK: Explains the process dependents use to make claims when inadequately provided for.
- Grounds for Contesting a Will: Details the legal basis for dependency claims and what "reasonable financial provision" means in practice.
- How to Defend a Will Against a Challenge: Helps executors assess the strength of dependency claims and decide whether to settle or defend.
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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.