United Kingdom · civil

How to Make a Claim Under the Inheritance Act 1975 in the UK

When a will or the rules of intestacy leave you unfairly cut out or without adequate financial support, the law provides a route to challenge the estate. Under the Inheritance (Provision for Family and Dependants) Act 1975, eligible family members and dependants in England and Wales can apply to court for reasonable financial provision. Because strict statutory deadlines begin running the moment probate is granted, immediate action is essential to protect your position.

Who Qualifies and What the Law Says in England and Wales

In England and Wales, testamentary freedom allows people to leave their estate to whomever they wish, but this freedom is not absolute. The Inheritance (Provision for Family and Dependants) Act 1975 exists to ensure that individuals financially dependent on the deceased, or closely related to them, are not left destitute or unreasonably unprovided for.

Under Section 1(1) of the Act, qualifying applicants include surviving spouses or civil partners, former spouses or civil partners who have not remarried, cohabitants who lived with the deceased as a couple for at least two consecutive years immediately prior to death, biological or adopted children, persons treated as children of the family, and any person who was being wholly or partly maintained by the deceased immediately before their death.

The standard of financial provision depends on your relationship. Surviving spouses and civil partners qualify for the 'surviving spouse standard' under Section 1(2)(a), which is not limited to mere maintenance and often reflects what might have been awarded in a divorce settlement. All other claimants are subject to the 'maintenance standard' under Section 1(2)(b), reaffirmed by the UK Supreme Court in Ilott v The Blue Cross [2017] UKSC 17, which provides only such financial provision as is reasonable for daily living and maintenance. In assessing claims, the court weighs statutory factors under Section 3, including the applicant's financial needs and resources, the financial needs of other beneficiaries, the size of the estate, any physical or mental disabilities, and the deceased's conduct and obligations.

The Strict 6-Month Deadline and Securing the Estate

Timing is the single most critical factor in an Inheritance Act claim. Under Section 4 of the 1975 Act, any court claim must be issued within six months from the date the Grant of Representation (either a Grant of Probate or Letters of Administration) is issued by the Probate Registry. While the court has statutory discretion to grant permission to bring an application out of time, as examined in Cowan v Foreman [2019] EWCA Civ 1336, permission is discretionary and judges routinely refuse late claims where applicants delay without a compelling excuse.

To stop the clock from running without your knowledge, you or your representative should enter a standing search with the Probate Registry. A standing search ensures you receive automatic notification the moment a grant is issued. Once notified, you must act swiftly to warn the personal representatives.

Serving a formal Letter of Claim under the Practice Direction - Pre-Action Conduct puts the executors and beneficiaries on notice. This legal step warns the executors that if they distribute estate funds to beneficiaries while knowing of a valid claim, they risk being held personally liable to satisfy any judgment you obtain.

Resolving Your Claim: Negotiation, Court, and Next Steps

Litigating an inheritance dispute through a full trial can rapidly deplete the estate's value in legal costs. For this reason, civil courts expect parties to explore alternative dispute resolution (ADR), particularly mediation, before proceeding to a trial.

If settlement discussions stall and the six-month limitation period approaches, your claim must be formally issued using a Civil Procedure Rules (CPR) Part 8 claim form in the Chancery Division or County Court. Issuing preserves your rights before the statutory window closes.

Facing an unfair exclusion from an estate is emotionally exhausting and financially precarious. You can use Caunsel to research your legal rights under the 1975 Act, securely organise estate correspondence and financial disclosure in a digital case file, or connect with an independent contentious probate lawyer to assess your prospects.

Steps

• Confirm eligibility and estate domicile: Establish that the deceased was domiciled in England and Wales at death and verify that you fit within one of the qualifying categories under Section 1(1) of the Inheritance Act 1975.
• Enter a standing search at the Probate Registry: Submit Form PA1S to the Probate Registry so you receive an alert and a copy of the Grant of Representation as soon as it is sealed, pinpointing your exact six-month deadline under Section 4.
• Collate comprehensive financial evidence: Compile documentation of your current income, bank accounts, liabilities, living expenses, medical conditions, and proof of any financial contributions or maintenance provided by the deceased.
• Issue a formal Letter of Claim to the executors: Send a detailed pre-action letter setting out the legal and factual basis of your claim, demanding full estate accounts and warning the executors not to distribute assets.
• Engage in mediation or issue CPR Part 8 proceedings: Attempt mediation to reach a binding settlement agreement; if unresolved before the six-month deadline expires, issue a formal claim form in court to protect your position.

Common mistakes

• Missing the strict six-month limitation window: Waiting longer than six months from the grant of representation without issuing proceedings; courts rarely grant extensions under Section 4 without an exceptional justification.
• Allowing executors to distribute estate assets: Failing to notify the executors early in writing, leaving them free to disperse funds to other beneficiaries, which makes recovery far harder.
• Relying on emotional grievances rather than statutory financial need: Confusing hurt feelings or moral unfairness with legal merit; non-spouse applicants must prove concrete financial maintenance needs under the Ilott v The Blue Cross principles.
• Failing to document past dependency: Assuming non-child dependants automatically qualify without producing bank statements, rent records, or proof showing the deceased made substantial financial contributions to their maintenance.

Questions people ask

What is the time limit for bringing a claim under the Inheritance Act 1975?

Under Section 4 of the Act, you have exactly six months from the date the Grant of Probate or Letters of Administration is issued to file your claim in court. If you miss this deadline, you must seek permission from the court, which is difficult to secure.

Can an adult, financially independent child make a claim?

Yes, adult children have legal standing under Section 1(1)(c). However, under Ilott v The Blue Cross [2017] UKSC 17, awards are restricted to reasonable financial maintenance. If you are capable of earning an independent living and have no distinct financial need or disability, the court may decline to make an order.

What happens if the executors ignore my claim and distribute the estate?

If personal representatives distribute the estate after receiving formal written notice of an intended claim within the six-month period, they can be held personally liable to pay any order the court makes in your favour.

How does a claim by a spouse differ from a claim by a child or cohabitant?

Under Section 1(2)(a), surviving spouses and civil partners are assessed under the higher 'surviving spouse standard', which is not limited to maintenance. The court considers factors similar to financial division on divorce. All other claimants are limited to reasonable maintenance under Section 1(2)(b).

General information only, last updated 2026-10-17. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.