The Inheritance Act 1975 Explained: Who Can Claim and How It Works

What the Inheritance Act does — and does not do

The Act does not let anyone rewrite a will because they feel treated unfairly. It allows specific categories of applicant to claim that the will or intestacy result failed to make reasonable financial provision for them, and to ask the court to adjust the distribution.

The court assumes the will is valid unless separately challenged. An Inheritance Act claim is therefore not the same as contesting capacity or undue influence. A person might believe the will is valid but still argue they need greater provision.

Outcomes depend on estate size, the applicant's financial position, other beneficiaries' needs, the deceased's obligations, and the applicant's conduct. There is no formula that guarantees a particular result.

Who can apply

Eligible applicants include: spouses and civil partners of the deceased; former spouses and civil partners who have not remarried and who meet certain conditions; cohabiting partners who lived with the deceased for at least two years immediately before death as husband, wife, or civil partner; children of the deceased (including adult children); and anyone who was maintained by the deceased immediately before death.

Stepchildren are not automatically eligible unless they were treated as children of the family or were maintained by the deceased. The definition of "maintained" has been interpreted in case law and depends on facts rather than labels.

Financial dependence or interdependence matters for cohabitants and maintenance claims. Simply living together for two years does not by itself establish entitlement to a particular sum — it establishes standing to ask the court to consider provision.

What "reasonable financial provision" means

For spouses and civil partners, the standard is what is reasonable for them to receive whether or not required for maintenance — a broader test. For most other applicants, provision must be what is reasonable for their maintenance.

Courts consider factors set out in section 3 of the Act, including financial resources and needs of applicants and beneficiaries, obligations the deceased had, estate size, any disability, and the applicant's conduct. Conduct includes behaviour towards the deceased, not moral worth in general.

Adult children without financial need face a harder path than minor children or dependent spouses, but claims still succeed where facts support them — particularly in larger estates or where moral obligation was strong despite independence.

The six-month deadline

Claims must generally be issued at court within six months of the date of the grant of probate or letters of administration. This is a strict limitation period that catches many people who investigate slowly or who hope family negotiation will resolve matters.

Extensions are possible in limited circumstances but require court permission and should not be relied upon. If no grant has been issued, the clock has not started — which is one reason caveats and delayed applications feature in dispute strategy.

Executors who distribute the estate to beneficiaries before an Act claim is resolved may face difficulty recovering assets if a claim later succeeds. Executors commonly pause final distribution when they know a claim is likely or when advised to hold a reserve.

How claims interact with probate

An Inheritance Act claim can proceed while probate is ongoing or after. Some applicants lodge caveats to prevent a grant while they seek advice. Others allow probate to issue but issue proceedings within the six-month window.

Mediation is commonly attempted before trial. Settlement may involve lump sums, property transfers, or life interests. Court trials are public in principle and expensive; costs may be paid from the estate.

High Court inheritance claims reached 1,217 in 2025, reflecting growth in formal disputes including Act claims. Many more cases settle without published judgments.

Common misconceptions

A long cohabiting relationship does not create the same rights as marriage on death. Act claims are the main statutory route for cohabitants who qualify on the two-year rule — not automatic inheritance.

Being left out of a will while a sibling inherits does not automatically justify a claim. Adult siblings who were not maintained by the deceased are not eligible applicants merely because they are children — they must show the statutory categories apply.

The Act does not punish disliked beneficiaries. It focuses on financial provision for qualifying applicants, not moral judgment about who deserved what emotionally.

Preparing before professional advice

Anyone considering whether the Act might be relevant should note dates carefully — especially grant dates — and gather financial information: income, assets, debts, housing costs, and dependence on the deceased. The will, death certificate, and grant if issued are core documents.

Write a timeline rather than an argument. Note when you learned the will's terms and when probate was granted. Missed deadlines are among the hardest barriers to overcome.

The KinClarity Inheritance Dispute Early Intervention Assessment organises early signals and record gaps; it does not assess whether an Inheritance Act application would succeed or advise on limitation periods in your case.

The KinClarity Inheritance Dispute Early Intervention Assessment helps individuals identify early conflict signals, record gaps, and communication risk patterns in an estate — before a dispute becomes a formal legal claim.

Related articles

• Inheritance disputes complete guide (pillar)
• Contesting a Will in England and Wales: Grounds Explained in Plain English
• Blended Family Inheritance: Where Disputes Start and How to Prepare
• Executor Disputes With Beneficiaries: Common Causes and How to De-escalate
• Probate Caveats Explained: How They Work and What They Do Not Do