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Inheritance Act 1975

Also known as: Inheritance (Provision for Family and Dependants) Act 1975, Family Provision Act

Definition

The Inheritance Act 1975 is UK legislation that allows certain family members and dependants to challenge a will or intestacy if they haven't been left reasonable financial provision from the estate.

This law fundamentally limits testamentary freedom in England and Wales—you cannot completely disinherit certain people without risk of legal challenge.

What Does Inheritance Act 1975 Mean?

The Inheritance (Provision for Family and Dependants) Act 1975 empowers courts to override wills or intestacy rules to award reasonable financial provision to eligible claimants. Under Section 1, eligible persons can apply to court claiming that "the disposition of the deceased's estate" fails to make reasonable financial provision for them. The Act balances testamentary freedom with society's expectation that people provide for their dependants even after death.

Six categories can claim under Section 1(1): spouses or civil partners; former spouses who haven't remarried; children of any age (including financially independent adults); anyone treated as a child of the family; cohabitees who lived with the deceased for at least two years immediately before death; and anyone financially maintained by the deceased. Emma was married to James for 15 years when he died leaving his £600,000 estate entirely to charity. Emma can claim as a surviving spouse with strong prospects of receiving £250,000-£350,000.

The Act uses two different standards. Spouses receive the higher standard: "such financial provision as it would be reasonable in all circumstances for them to receive," including a "divorce crosscheck" (typically 50% starting point). Everyone else receives the lower standard: provision "reasonable for their maintenance." In Ilott v Mitson [2017], the Supreme Court confirmed maintenance means more than bare subsistence but covers everyday living expenses and reasonable quality of life.

Claims must be made within six months of the grant of probate—a strict deadline. Courts consider Section 3 factors including financial needs, estate size, any disability, and the deceased's reasons for their decisions. Most claims settle before trial. Legal costs don't automatically come from the estate—losing parties typically pay the winner's costs.

Common Questions

"Who can make a claim under the Inheritance Act 1975?" Six categories can claim: spouses/civil partners, former spouses who haven't remarried, children (any age), anyone treated as a child of the family, cohabitees who lived with the deceased for two years before death, and anyone financially maintained by the deceased.

"What is the time limit for making an Inheritance Act claim?" You must claim within six months of the grant of probate. This is a strict deadline—claims after this require court permission, which is often refused. The six-month period starts when the grant is issued, not from the date of death.

"Can adult children who are financially independent make a claim?" Yes, but it's harder. Adult children must prove they need provision for their maintenance. If financially self-sufficient, claims are less likely to succeed unless special circumstances exist like disability or unemployment.

Common Misconceptions

Myth: Cohabitees have the same rights as spouses under the Inheritance Act 1975

Reality: Cohabitees have significantly weaker rights. They must prove they lived with the deceased for two years immediately before death to qualify, and can only claim provision for "maintenance," not the higher "divorce standard" spouses receive. There is no "common law spouse" in UK law.

Myth: If I make a claim under the Inheritance Act 1975, the estate automatically pays my legal costs

Reality: Costs don't automatically come from the estate. The losing party typically pays the winner's costs. If you claim and lose, you may pay both your legal fees and the estate's defense costs.

  • Reasonable Financial Provision: The legal standard claimants must prove they didn't receive, with different standards for spouses versus others.
  • Disinheritance: Excluding someone from a will, which commonly triggers claims when the person falls into an eligible category.
  • Will Contest: Claims under this Act are one type of contest that vary distribution rather than challenge validity.
  • Cohabitee: One of six categories who can claim, subject to the two-year cohabitation requirement.

Need Help with Your Will?

Understanding the Inheritance Act 1975 is crucial whether you're making a will or considering a claim. If you're creating a will and want to exclude family members, documenting your reasoning and understanding claim risks helps protect your wishes.

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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.