Last Updated on April 29, 2026 by tanya

Evidence To Prove Financial Need Under the Inheritance Act

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Who Can Claim ? Inheritance Act Explained

If you’re financially dependent on someone who has passed away but who has left you out of their will, or believe you haven’t been left enough, you can claim for assistance if you have evidence to prove financial need under the Inheritance Act.

Formally known as the Inheritance (Provision for Family and Dependants) Act 1975, these laws allow for certain categories of people to claim reasonable financial provision.

 

Are You Eligible to Claim Under the Inheritance Act?

The Inheritance Act 1975 applies in England and Wales (different rules apply in Scotland and Northern Ireland). You may be able to to claim “reasonable financial provision” from your loved one’s estate.

The Act sets out specific categories of eligible claimants:

 

1. Spouse or Civil Partner

If you were married to, or in a registered civil partnership with, the deceased at the time of their death, you can make a claim, even if you were separated but not divorced.

Key point: There’s no need to prove financial need in the same way as other claimants. The court will aim to provide a standard of living similar to what you enjoyed during the marriage or partnership.

 

2. Former Spouse or Former Civil Partner

If you are divorced or your civil partnership has been legally dissolved, you may still be able to claim. This is provided you haven’t remarried or entered a new civil partnership, and you have not agreed in a financial settlement to exclude such claims.

 

3. Cohabiting Partner

If you lived with the deceased as if you were married or in a civil partnership for at least two years immediately before their death, you can apply. You’ll need evidence of cohabitation and shared life.

 

4. Child of the Deceased

This includes adult children, there is no age limit. The courts will look at your needs, resources, and any disabilities or special circumstances.

 

5. Person Treated as a Child of the Deceased

If the deceased treated you as a child of their family — for example, a stepchild or someone they raised — you may be able to claim, even if not biologically related.

 

6. Any Other Person Financially Maintained by the Deceased

If the deceased supported you financially, in whole or in part, you may be eligible. This often covers carers, friends, or extended family members

 

Important: Claims must usually be made within six months from the date of the Grant of Probate. Courts can extend this, but late applications face higher hurdles.

 

What Evidence You Must Gather to Prove Financial Need

If you are not a spouse or civil partner, your claim will generally need to show financial need – meaning you require additional support for reasonable living expenses.

Here’s the type of evidence that strengthens your case:

 

1. Proof of Financial Dependence on the Deceased

 

• Bank statements showing regular transfers or payments from the deceased
• Evidence of shared bills or joint accounts
• Receipts for expenses the deceased covered (rent, utilities, school fees, etc.)

 

2. Your Current Income and Assets

 

• Payslips or proof of benefits
• P60s or tax returns
• Bank statements showing savings and investments
• Evidence of debts or liabilities

 

3. Your Outgoings and Living Costs

 

• Utility bills, rent/mortgage statements
• Food, transport, and healthcare costs
• Childcare or education expenses
• Costs related to disabilities or medical conditions

 

4. Lifestyle Evidence

 

Courts will consider the standard of living you enjoyed with the deceased:

 

• Photos of your home, holidays, or activities funded by the deceased
• Evidence of joint memberships or subscriptions

 

5. Future Needs

 

• Medical reports forecasting care needs
• Letters from employers about work limitations
• Projected education or training costs

 

6. Estate Information

 

Your solicitor will help gather details of the deceased’s estate:

 

• The will or intestacy position
• Probate valuation
• Liabilities of the estate

 

Top tip: Courts are more sympathetic to well-organised, documented claims. Keep originals and make digital copies of everything.

 

Practical Steps to Strengthen Your Claim under the Inheritance Act

Act Quickly – Six months from the Grant of Probate can pass fast. Contact a solicitor as early as possible.

Get Legal Advice – A specialist inheritance solicitor will help identify your eligibility and strengthen your evidence.

Avoid Destroying Relationships if Possible – Mediation can resolve claims faster and more amicably.

Be Honest About Finances – Incomplete or misleading financial disclosure can damage your credibility.

Document Emotional & Practical Dependency – Even non-financial dependency can support your case.

 

Why Courts Uphold Some Claims and Reject Others

Courts weigh several factors under the Act, including:

 

• Your financial resources and needs (present and foreseeable)
• The financial resources and needs of other beneficiaries
• The size and nature of the estate
• Any obligations the deceased had towards you
• Physical or mental disability (yours or another beneficiary)
• Any other relevant circumstances

 

Example:

A cohabiting partner with no income, who was entirely supported by the deceased and has health issues, may have a strong claim — especially if the estate is large. By contrast, an adult child with a stable career and substantial assets may struggle to prove financial need unless there are exceptional circumstances.

 

5 Top FAQs on Inheritance Act Claims

1. How long do I have to make an Inheritance Act claim?

You normally have six months from the Grant of Probate to file your claim. In rare cases, the court may allow late claims, but only with a good reason for the delay.

 

2. Can an adult child claim under the Inheritance Act?

Yes. There is no age limit. However, adult children usually need to prove financial need or special circumstances, such as disability or dependence.

 

3. What if I was engaged to the deceased but we didn’t live together for two years?

You won’t qualify as a cohabiting partner under the Act, but you may still be able to claim if you can show the deceased was maintaining you financially.

 

4. Do I need a solicitor to make a claim?

While you can technically apply without one, inheritance claims are complex. A solicitor can ensure your claim is filed correctly, supported with evidence, and negotiated effectively.

 

5. Will making a claim mean going to court?

Not always. Many claims settle through negotiation or mediation, avoiding a full trial. Court proceedings are usually the last resort.

 

Contact Our Team For Help Today

If you have been left out of a will or not sufficiently provided for financially,  speak to one of our experienced contentious probate solicitors today for a confidential consultation. We’re here to help you navigate the legal process with compassion during this difficult time.

Reaching out to a trusted claims company can make all the difference during this emotional time. At First Personal Injury, we will ensure you receive all the support you need. Call us at 0333 358 2345 or contact us online at First Personal Injury and we’ll call you back.

We partner with law firms which offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.