Skip to main content
WUHLD
← Back to glossary

Reasonable Financial Provision

Also known as: Adequate Provision, Fair Provision

Definition

Reasonable financial provision is the amount of support from an estate that the law considers a deceased person should have left to certain family members or financial dependants.

Understanding this legal standard is crucial when making a will or challenging inheritance arrangements, as it defines the boundaries of testamentary freedom in England and Wales.

What Does Reasonable Financial Provision Mean?

Reasonable financial provision is the core legal test in claims under the Inheritance (Provision for Family and Dependants) Act 1975. Under Section 1 of the Act, certain people can apply to court if they believe a will or intestacy failed to make reasonable provision for them. This legal concept limits testamentary freedom—you cannot completely ignore certain people when distributing your estate. Only eligible categories can claim: surviving spouses, civil partners, children, former spouses, cohabitants who lived with the deceased for two or more years, and people the deceased was financially maintaining. The standard applies whether death occurred with or without a will.

The Act establishes two distinct standards depending on who's making the claim. For surviving spouses and civil partners, reasonable provision means "such financial provision as it would be reasonable in all the circumstances for them to receive, whether or not that provision is required for their maintenance." This is the higher "spouse standard." For all other applicants—children, former spouses, cohabitants, and dependants—reasonable provision is limited to "such financial provision as it would be reasonable for the applicant to receive for his or her maintenance." This is the more restrictive "maintenance standard."

The spouse standard is not limited to basic needs. Courts often use a "divorce cross-check," considering what the spouse might have received if the marriage had ended in divorce rather than death, typically 40-50% of marital assets for long marriages. Sarah, 62, was married to James for 30 years when he died leaving his entire £800,000 estate to their two adult children. Despite having her own pension of £18,000 yearly, Sarah successfully claimed under the spouse standard. The court awarded her £350,000 (approximately 44% of the estate), reflecting what she'd likely receive in divorce given her contributions to the marriage.

The maintenance standard, applying to adult children, cohabitants, and dependants, means provision for everyday living expenses appropriate to the person's circumstances. Maintenance is more than bare subsistence but doesn't extend to everything desirable. In the Supreme Court case Ilott v Mitson [2017] UKSC 17, the court confirmed that maintenance imports "provision to meet the everyday expenses of living" but doesn't include provision for a comfortable or desirable standard of living. Emma, 35, has cerebral palsy and cannot work. Her mother's will left the £400,000 estate entirely to Emma's brother, expecting him to "help Emma when needed." Emma claimed under the maintenance standard and won. The court found this informal arrangement unreasonable for someone with lifelong care needs, awarding Emma £280,000 (70% of the estate) to be held in trust for her care. Contrast this with David, 28, a financially independent solicitor earning £45,000 yearly, whose father left him nothing. David's claim failed because he couldn't demonstrate any need for maintenance from the estate despite receiving nothing.

Courts assess whether provision is reasonable objectively at the time of the hearing, not when the will was made. Section 3 of the 1975 Act requires courts to consider multiple factors: the claimant's financial needs and resources, the estate size, the deceased's obligations to the claimant, other beneficiaries' needs and resources, any disability of the claimant, the claimant's conduct, and any other relevant matters. Estate size matters significantly—what's reasonable from a £50,000 estate differs vastly from a £5 million estate. The deceased's reasons for their distribution can be considered but aren't determinative. Courts have wide discretion, and outcomes vary considerably between cases. Most claims settle before trial through mediation, as litigation is expensive, lengthy, and emotionally draining for all parties.

Common Questions

"What is the difference between the 'surviving spouse standard' and 'maintenance standard' for reasonable financial provision?" Surviving spouses and civil partners can claim provision for their general needs (not just maintenance), assessed similarly to divorce settlements. All other applicants (children, cohabitants, dependants) can only claim the 'maintenance standard'—provision for their everyday living expenses, which is more limited than the spouse standard.

"How long do I have to make a claim for reasonable financial provision from an estate?" You must issue court proceedings within six months of the Grant of Probate or Letters of Administration being issued. After this deadline, you'll need the court's permission to make a late claim, which is harder to obtain and requires showing good reasons for the delay.

"Does making a will guarantee that my estate won't be challenged for failing to make reasonable financial provision?" No. Even with a valid will, certain people (spouses, children, cohabitants who lived with you for 2+ years, and dependants) can claim under the Inheritance Act 1975 if they believe the will fails to make reasonable financial provision for them. The court then decides based on all circumstances whether provision was indeed unreasonable.

Common Misconceptions

Myth: If I make a will, I can leave my estate to anyone I want and no one can challenge it.

Reality: While you have significant testamentary freedom in the UK, it's not absolute. Under the Inheritance (Provision for Family and Dependants) Act 1975, spouses, civil partners, children, cohabitants who lived with you for two or more years, former spouses, and people you financially maintained can claim if your will fails to make reasonable financial provision for them. The court has the power to override your wishes and redistribute your estate if it finds the provision unreasonable.

Myth: Reasonable financial provision means everyone gets an equal share of the estate.

Reality: "Reasonable" doesn't mean "equal." The court assesses what's reasonable based on each claimant's individual circumstances—their financial needs, resources, obligations, relationship with the deceased, and conduct. A financially secure adult child might receive nothing while a dependent child with disabilities receives the majority of the estate. Similarly, if you left £500,000 to your spouse of 40 years and nothing to your adult children who earn six-figure salaries, that could be entirely reasonable—despite being unequal.

  • Inheritance Act 1975: The statute that creates the right to claim reasonable financial provision, defining eligible applicants and the factors courts must consider.
  • Family Provision Claim: The legal proceeding brought under the Inheritance Act 1975 to seek reasonable financial provision from an estate.
  • Dependents: People being maintained by the deceased immediately before death who can claim reasonable provision under the maintenance standard.
  • Estrangement: A factor courts consider when assessing reasonable provision, though it doesn't automatically prevent a claim from succeeding.
  • Will Challenge: Can be based on invalidity grounds or on failure to make reasonable provision—these are distinct legal bases.
  • Court Discretion: Courts have wide discretion when determining whether provision is reasonable and what orders to make, with no fixed formulas.

Need Help with Your Will?

Understanding reasonable financial provision is essential when creating your will, especially if you're considering excluding family members or making unequal distributions. Making adequate provision for spouses and dependent children is the best protection against successful claims that could override your wishes.

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

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.