Claims under the Inheritance (Provision for Family & Dependents) Act 1975
The Inheritance (Provision for Family & Dependents) Act 1975 provides a legal avenue for individuals who feel they have not been adequately provided for under a deceased person's will or the rules of intestacy. The Act is designed to ensure that dependents and close family members are not left without financial support if their circumstances warrant it.
Who can bring a claim?
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Spouse or Civil Partner: If you were married or in a civil partnership with the deceased at the time of their death, you may be eligible to claim. This includes widows and widowers.
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Former Spouse or Civil Partner: You can make a claim if the deceased died within a year of your divorce or dissolution of the civil partnership, ensuring recent ex-partners are supported.
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Cohabitee: Individuals who lived with the deceased in a relationship for at least two years before their death can make a claim.
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Children: Any child of the deceased, including adopted and step-children treated as family, can claim. This includes adult children.
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Dependents: Those financially maintained by the deceased immediately before their death, including cohabiting partners and children, may also claim.
Grounds for a Claim
To succeed, claimants must prove that the will or intestacy rules did not make reasonable financial provision for them. The court considers factors such as:
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Financial Needs and Resources: The court assesses the claimant's financial situation and that of other claimants and beneficiaries.
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Estate Size and Nature: The makeup of the estate, whether liquid or property-based, affects the type of financial provision.
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Deceased’s Obligations: Any responsibilities the deceased had towards the claimant are taken into account.
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Disabilities: Physical or mental disabilities affecting the claimant or beneficiaries are considered.
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Other Relevant Matters: The court evaluates conduct and contributions made by the claimant to the family.
Types of Orders
If the court rules in favour of the claimant, it can issue various orders, including:
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Lump Sum Payment: A one-time financial award.
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Property Transfer: Specific property may be transferred to the claimant.
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Maintenance Payments: Ongoing financial support.
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Life Interest: The right to reside in a property or receive income from an asset for life.
Time Limits
Claims must be issued with the court within six months of the grant of probate or letters of administration. If missed, court permission is required, which can be costly and is only granted in some limited circumstances. Early action is crucial to allow time for negotiations and potentially avoid court proceedings.​
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