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Family Provision

Also known as: Reasonable Provision, Adequate Provision

Definition

Family provision is the legal mechanism allowing certain family members and dependants to claim financial support from a deceased person's estate if the will or intestacy rules failed to provide adequately for them.

This law recognises that while people generally have testamentary freedom—the right to leave their estate to whoever they choose—this freedom is balanced against moral and legal obligations to provide for close family members and dependants.

What Does Family Provision Mean?

Family provision is governed by the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain people to apply to court if a deceased person's will or intestacy rules failed to make reasonable financial provision for them. Importantly, this doesn't challenge the will's validity—the will remains legally binding, but the court can vary how the estate is distributed. Claims must be brought within six months of the Grant of Probate.

Six categories can claim under Section 1(1): spouses or civil partners; former spouses or civil partners who haven't remarried; cohabitees who lived with the deceased for at least two years; children (any age); people treated as "child of the family"; and people maintained by the deceased immediately before death.

The Act defines two standards of "reasonable financial provision." Spouses and civil partners can claim under the wider "spouse standard"—provision reasonable in all circumstances, including maintaining their standard of living. All other claimants are limited to the "maintenance standard"—provision to meet reasonable living expenses only. Emma's husband died leaving his £800,000 estate to adult children from a first marriage. Emma can claim under the spouse standard for substantial provision. David's father left his £500,000 estate to a new partner, excluding financially independent David. David's claim would likely fail unless he shows financial dependency.

Courts consider factors including your financial resources and needs, estate size, any disabilities, and the deceased's obligations toward you. Documenting reasons for exclusions in a letter of wishes can reduce—but not eliminate—claim risk.

Common Questions

"Who can make a family provision claim in the UK?" Spouses, civil partners, former spouses who haven't remarried, cohabitees who lived with the deceased for at least two years, children (including adult children), anyone treated as a child of the family, and people financially maintained by the deceased immediately before death can make a claim. The claim must be brought within six months of the Grant of Probate.

"Does making a family provision claim mean the will is invalid?" No, a family provision claim does not challenge the validity of the will itself. The will remains legally valid, but the court can vary the distribution of the estate if it decides the will or intestacy rules failed to make reasonable financial provision for the claimant. This is different from contesting a will on grounds like lack of capacity or undue influence.

"What does 'reasonable financial provision' mean in practice?" Reasonable financial provision depends on your relationship with the deceased. Spouses and civil partners can claim whatever is appropriate in all the circumstances, potentially including a standard of living provision. Other claimants (children, cohabitees, dependants) are generally limited to maintenance—what they need to meet reasonable living expenses, not luxuries or full inheritance rights.

Common Misconceptions

Myth: If you leave an adult child out of your will, they can automatically claim part of your estate as a family provision right.

Reality: Adult children have no automatic right to inherit in England and Wales. While they can make a claim, they must prove they need financial maintenance. Courts generally only award provision to adult children if they're financially dependent, have disabilities, or face exceptional circumstances. Financially independent adult children will likely fail.

Myth: Including a 'no contest clause' in your will prevents family provision claims.

Reality: You cannot prevent eligible people from making claims by including any clause in your will. The Act gives statutory rights that override will provisions. However, documenting your reasons for exclusions in a letter of wishes can be relevant evidence the court considers.

  • Reasonable Financial Provision: The specific legal test courts apply when deciding family provision claims, distinguishing between the spouse standard and maintenance standard.
  • Financial Provision Claim: The actual legal process of making a family provision application, including procedure, time limits, and court process.
  • Inheritance Act 1975: The legislation that created family provision rights and defines the complete statutory framework.
  • Dependents: One of the six classes of people who can make family provision claims under Section 1(1)(e) of the Act.
  • Estrangement: A relevant factor courts consider when deciding family provision claims, though it doesn't automatically prevent a claim.

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.