Inheritance Act Claim Solicitors

If you have been left out of a will or you believe you have not received reasonable financial provision from a deceased person’s estate, our Inheritance Act claim solicitors provide clear, practical advice on your legal position. We help people bring claims under the Inheritance (Provision for Family and Dependants) Act 1975, including spouses, civil partners, children, dependants and others who may have a right to seek financial provision.

We know these matters are often deeply personal. Concerns about housing, ongoing financial support and the future security of you or your family can add pressure at an already difficult time. We provide straightforward early legal advice from the outset, helping you understand whether you can bring an Inheritance Act claim, what reasonable provision may look like in your circumstances and how to move forward in a way that protects your interests.

JMW’s experienced inheritance dispute solicitors provide expert legal advice and practical support to people involved in disputes concerning wills, trusts and inheritance. We will assess your circumstances, explain the legal process in plain English and work to resolve matters as efficiently as possible.

Speak to our Inheritance Act claim solicitors today by calling 0345 872 6666, or complete our online enquiry form to request a call back from our private wealth disputes team.

How JMW Can Help

We provide clear, strategic support for individuals bringing an Inheritance Act claim, helping you understand whether you are entitled to financial provision from a deceased person’s estate. Our Inheritance Act claim solicitors guide you through every stage of the legal process, taking decisive action to protect your position and pursue the reasonable financial provision you need.

JMW’s service includes:

• Assessing your claim and advising on your eligibility under the Inheritance Act 1975
• Explaining whether the will, intestacy rules or existing provision made for you may have failed to provide reasonable financial provision
• Building your case by identifying the evidence needed to support your financial needs, financial dependency and relationship with the deceased person
• Handling negotiations with personal representatives, beneficiaries and other parties involved in the claim
• Representing you in mediation and other forms of alternative dispute resolution
• Preparing and pursuing court proceedings where needed
• Advising on legal costs and funding options, including whether a conditional fee agreement may be available for your particular claim

Inheritance Act claims are often emotionally charged and can place strain on family relationships. We take a measured and strategic approach, focusing on resolving disputes in a way that protects your financial position while minimising unnecessary conflict wherever possible. At every stage, we provide straightforward legal advice so you can make informed decisions with confidence.

Our specialist private wealth dispute solicitors have extensive experience in handling Inheritance Act 1975 claims and contentious probate matters. We understand how the courts assess reasonable financial provision, including the claimant’s financial position, the needs of other beneficiaries, the size of the estate and the obligations the deceased person had towards family members or dependants. This experience allows us to build strong cases and anticipate challenges early.

We build a clear plan around your objectives, identifying the strongest route to resolve the claim and achieve a practical outcome. Where possible, we prioritise early resolution through arbitration and mediation, helping to reduce conflict and protect family relationships. However, if court proceedings are necessary, we will act decisively to protect your interests and present your case effectively.

Meet the Team

Our team of experienced solicitors specialise in Inheritance Act claims, offering expert legal advice and practical support.

Case studies

Our Accreditations

Our private wealth dispute solicitors have been awarded professional accreditation from organisations and associations, including:

• The Legal 500 - JMW was praised as a “great team [with a] good legal knowledge and commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable".
• Chambers and Partners High Net Worth Guide - JMW’s will disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”.  
• The Association of Contentious Trusts and Probate Specialists (ACTAPS) - Membership to ACTAPS requires law firms to meet certain criteria based on their performance in this line of work.
• Society of Trusts and Estate Practitioners (STEP) - Membership of STEP demonstrates our commitment to high professional standards and continued professional development.
• Special Interest Group for Contentious Trusts and Estates - Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation.

Who Can Bring an Inheritance Act Claim?

The Inheritance Act 1975 applies to specific categories of people with a recognised connection to the deceased person. Section 1 of the Act sets out who can apply to the court for reasonable financial provision from the estate.

You may be able to bring an Inheritance Act claim if you are:

• The spouse or civil partner of the deceased person
• A former spouse or former civil partner who has not remarried or entered into a new civil partnership in circumstances that prevent a claim
• A person who, for the two years immediately before the death, lived in the same household as the deceased person as if you were a spouse or civil partner
• A child of the deceased person, including adult children and adopted children
• A person treated by the deceased person as a child of the family in relation to a marriage or civil partnership
• Someone who was being maintained, wholly or partly, by the deceased immediately before death

This means Inheritance Act claims may be available to spouses, civil partners, former spouses, children, unmarried partners and people who were financially dependent on the deceased person. However, eligibility is only the first stage. The court must also decide whether the will, intestacy rules or the combined effect of both failed to make reasonable financial provision for you.

When deciding claims, the court considers all the circumstances. This includes your financial needs and resources, the financial needs and resources of other beneficiaries, the size and nature of the estate, any obligations the deceased person had towards you or others, and any physical or mental disability.

If you are unsure whether you fall into one of the eligible categories, we can assess your circumstances and give you a clear view on whether you have the legal standing to bring an Inheritance Act claim, or if you would be better served by assessing your options for challenging the legal basis of the will itself.

What Does Reasonable Financial Provision Mean?

Reasonable financial provision is the central issue in an Inheritance Act claim. It refers to the financial provision that the court considers reasonable for you to receive from the deceased person’s estate, based on your circumstances and your relationship with the deceased person.

The Inheritance (Provision for Family and Dependants) Act 1975 does not allow every disappointed beneficiary or family member to bring a claim simply because they feel the will is unfair. Instead, you must show that the will, the intestacy rules or the way they operate together have not made reasonable provision for you.

The legal test differs depending on who brings the claim. If you are the spouse or civil partner of the deceased person, the court considers what financial provision would be reasonable in all the circumstances, whether or not that provision is required for your maintenance. For most other claimants, including adult children, unmarried partners and dependants, the court usually considers what provision is reasonable for their maintenance.

Maintenance does not only mean basic living costs. Depending on the facts, it may include housing needs, regular financial support, care needs, debts, income shortfalls or other practical requirements linked to your financial position. The court will look at the claimant’s financial position alongside the needs of other beneficiaries and the overall value of the estate.

A claim may arise where you have been unfairly left out of a will, received insufficient provision, or relied on the deceased person for financial support and have not been adequately provided for. We provide early legal advice on whether the provision made for you is likely to meet the Inheritance Act 1975 test and what evidence will help support your claim.

When Can I Make an Inheritance Act Claim?

You can make an Inheritance Act claim when a will, the intestacy rules or the way both operate together do not make reasonable financial provision for you. In other words, this type of claim focuses on the level of financial provision you have received from the estate, rather than arguing that the will itself is invalid.

These claims often arise where a person has died and the outcome of the estate leaves someone without the financial support they reasonably need. This may apply if you have been left out of a loved one’s will altogether, if the share you have received does not reflect your financial needs, or if the estate is distributed under the intestacy rules in a way that does not provide for you properly.

You may be able to make a claim where:

• You have been left out of a will and no provision has been made for you, provided you fall into one of the categories entitled to apply under the Act
• You have received some provision, but not reasonable financial provision for your needs and circumstances
• There is no will, and the estate is being distributed under the intestacy rules, but that outcome does not make reasonable financial provision for you
• You relied on the deceased person for housing, living costs or ongoing financial support, and the estate does not reflect that financial dependency
• You were financially maintained by the deceased immediately before their death, either wholly or partly

In practical terms, you should seek legal advice as soon as you become concerned about the financial provision being made for you. Early advice gives us time to review the estate position, assess the strength of your claim and prepare the right strategy before strict time limits create pressure. The legislation allows claims before the grant of probate, and the main time limit runs from the date representation is first taken out. The deadline is six months from the date of the grant, which can only be extended in limited circumstances so it is worth taking advice as early as possible.

What Is the Process for Resolving an Inheritance Act Claim?

We take a clear, structured approach to Inheritance Act claims so you understand your position from the outset and can act within the relevant time limits. Our aim is to help you move forward with confidence, whether the claim resolves through negotiation, mediation or court proceedings.

The process usually includes:

• Initial advice: we review your circumstances, including your relationship with the deceased person, the provision made for you, your financial needs and the value of the estate. We then advise on whether you have grounds to bring an Inheritance Act claim and the best way to proceed.
• Evidence gathering: we collect the information needed to support your case. This may include financial documents, details of any financial support the deceased person provided, information about your housing needs, and evidence relating to the estate and its beneficiaries.
• Making the claim: we set out your claim to the personal representatives and other parties involved, explaining why you are seeking reasonable financial provision and what outcome you are asking for.
• Negotiation and mediation: many Inheritance Act 1975 claims resolve without a final hearing through alternative dispute resolution methods. We negotiate on your behalf and, where appropriate, represent you in mediation so you can work towards a mutually acceptable agreement with the help of a neutral third party.
• Court proceedings: if an agreement cannot be reached, we can issue court proceedings and represent you throughout the process. We prepare your case carefully, including witness statements and supporting evidence, so your position is presented clearly.
• Resolution: your claim may resolve through agreement or by a decision of the court. Our focus throughout is on securing fair financial provision as efficiently as possible.

At each stage, we explain the legal process in plain English and keep your objectives at the centre of our advice. This helps you understand the strength of your claim, the court’s factors and the practical routes available to resolve disputes.

What Can the Court Order in an Inheritance Act Claim?

If the court decides that a will, the intestacy rules or the combined effect of both has not made reasonable financial provision for an eligible claimant, it has discretion to make a range of orders. The right order will depend on all the circumstances, including the claimant’s financial position, the size of the net estate, the needs of other beneficiaries and the nature of the financial provision required.

The court may order:

• A lump sum payment from the estate
• Periodic payments to provide ongoing financial support
• A transfer of property
• The settlement of property for the claimant’s benefit
• The sale or purchase of property
• A variation of a prenuptial or postnuptial settlement in relevant cases

These orders allow the court to tailor the outcome to the needs of the person bringing the claim. For example, one claimant may need help with housing, while another may need regular support to meet living costs or care needs.

The court will not automatically rewrite a will because someone feels they have been treated unfairly. It will look at whether reasonable financial provision has been made and, if not, what order should be made to address that. We will advise you on the type of financial provision that may be appropriate in your particular claim and the evidence needed to support that position.

Is There a Time Limit for Making an Inheritance Act Claim?

Strict time limits apply to Inheritance Act claims. In most cases, an Inheritance Act claim should be issued at court within six months of the grant of probate or grant of letters of administration being issued.

The grant of probate confirms that the personal representatives have authority to administer the deceased person’s estate. Where there is no will, the equivalent document is usually a grant of letters of administration. From this point, the six-month time limit begins to run, so it is important to take early legal advice to protect your position.

In some cases, it may still be possible to bring a claim after the six-month deadline, but you will need the court’s permission. The court will look at matters such as the reason for the delay, whether negotiations have taken place, whether the estate has already been distributed and whether other beneficiaries may be affected.

Because the Inheritance Act claim time limit can affect the options available to you, we recommend seeking advice as soon as you become concerned about the provision made for you. Early advice allows us to assess your claim, contact the relevant parties and take the right steps before the deadline creates unnecessary pressure.

How Much Will it Cost to Make an Inheritance Act Claim?

The cost of making an Inheritance Act claim depends on the nature of the dispute, the evidence required and whether the matter resolves through negotiation, mediation or court proceedings. We provide a clear costs estimate at the outset wherever possible, so you understand what to expect before taking the next step.

We will discuss the likely legal costs with you during your initial assessment and explain how costs may be dealt with as the claim progresses. This includes the work needed to assess your eligibility, gather evidence, contact the personal representatives, negotiate with other parties and prepare for court if required.

We offer a range of funding options and will discuss whether any of these are suitable for your particular claim. These may include a conditional fee agreement, often referred to as a no win, no fee agreement, as well as deferred fee arrangements or monthly payment options. In some cases, clients pay privately, and we will explain how this works in a clear and transparent way.

Court proceedings can increase the overall cost of an inheritance dispute, which is why we focus on understanding your position early and identifying the most effective route forward. Where appropriate, we will explore negotiation or mediation to help resolve the claim efficiently, while remaining ready to take decisive action if court involvement becomes necessary.

Q

Can I dispute a will after probate?

A

Yes, you can bring an Inheritance Act claim after probate has been granted, but the time limit is important. In most cases, you must issue the claim within six months of the grant of probate.

If this deadline has passed, you may still be able to bring a claim with the court’s permission. The court will consider the reason for the delay, whether the estate has already been distributed and how the delay affects other beneficiaries. You should seek legal advice as soon as possible if you believe you have not received reasonable financial provision from an estate.

Q

What evidence will I need to make a successful Inheritance Act claim?

A

The evidence you need will depend on your circumstances, but your claim should clearly show your financial needs, your relationship with the deceased person and why the provision made for you is not reasonable.

Useful evidence may include:

• Financial information: details of your income, outgoings, assets, debts and future needs
• Evidence of financial dependence: records showing any financial support, housing or regular payments the deceased person provided
• Relationship evidence: information explaining your relationship with the deceased person, particularly if you were financially dependent, financially maintained or treated as a child of the family
• Estate information: details of the estate, including its value, assets and how it is being distributed
• Medical or care evidence: records showing any health, disability, care or housing needs relevant to your claim
• Future needs evidence: information about anticipated expenses, including accommodation, care, living costs or ongoing financial support

We will guide you through the evidence required and present it clearly to support your Inheritance Act claim.

Q

Is making an Inheritance Act claim the same as contesting a will?

A

No. An Inheritance Act claim is different from contesting a will.

An Inheritance Act claim focuses on whether you have received reasonable financial provision from the deceased person’s estate. You are not arguing that the will itself is invalid; instead, you are asking the court to decide whether the provision made for you is reasonable in your circumstances.

Contesting a will involves challenging the validity of the will itself. This may involve concerns about mental capacity, undue influence, fraud or whether the will was properly executed. If a will is successfully challenged, the estate may be distributed under an earlier valid will or the intestacy rules.

In some cases, these issues overlap. We will advise on the most appropriate route based on your circumstances.

Q

What are my rights under the Inheritance Act 1975?

A

The Inheritance Act 1975 allows certain people to apply to the court if they believe they have not received reasonable financial provision from a deceased person’s estate.

Eligible claimants include a spouse or civil partner, former spouse or former civil partner, certain cohabiting partners, children, people treated as children of the family and people who were being maintained by the deceased immediately before death.

If you are eligible, the court will consider your financial needs, your relationship with the deceased person, the size and nature of the estate, and the needs of other beneficiaries. For a spouse or civil partner, the court considers what provision is reasonable in all the circumstances. For most other claimants, the court usually considers what provision is reasonable for their maintenance.

Q

How long does an Inheritance Act claim take?

A

The length of an Inheritance Act claim depends on the issues involved, the evidence needed and whether the parties can reach agreement through negotiation or mediation.

Some claims resolve at an early stage once the parties have exchanged information and taken advice. Others take longer if there are disputes about eligibility, financial needs, the size of the estate or the position of other beneficiaries. If court proceedings are required, the process usually takes longer.

We will give you a realistic view of the likely timescale once we understand your circumstances and the estate position.

Q

How successful are Inheritance Act claims?

A

The success of an Inheritance Act claim depends on the facts of the case. The court will consider whether you are eligible to claim, whether the will or intestacy rules failed to make reasonable financial provision for you, your financial needs, the estate value and the needs of other beneficiaries.

A strong claim is usually supported by clear evidence of financial need, financial dependency, the deceased person’s obligations and the provision made by the estate. We will assess your position at the outset and advise on the strengths, risks and most effective way to proceed.