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Guide on How To Make an Inheritance Act Claim
Last Updated on October 20, 2025 by tanya
Guide on How To Make an Inheritance Act Claim
Everything You Need to Know
Inheritance disputes can be emotionally and financially draining so having a guide on how to make an Inheritance Act Claim can go a long way to reducing the stress. Crucially, your key steps are to act quickly, seek legal advice and gather your evidence
When a loved one passes away, the last thing you may expect is to be left out of their will, or not provided for adequately. Fortunately, the Inheritance (Provision for Family and Dependants) Act 1975 exists to help those who believe they haven’t been left a fair share of the estate.
So, if you’re considering an Inheritance Act claim, it is important to understand the next steps you need to take.
First Personal Injury can help to support you at this difficult time as we partner with specialist contentious probate solicitors.
What Is an Inheritance Act Claim?
Under the Inheritance Act 1975, the will, or the intestacy outcome if there’s no will, can be challenged if you believe that reasonable financial provision has not been made for you from your loved one’s estate. This includes spouses, children, cohabiting partners, and other dependants.
Importantly, this law doesn’t seek to rewrite the will entirely but rather ensures that qualifying individuals receive adequate provision for their maintenance and daily needs.
First Steps to Making an Inheritance Act Claim
Here’s your breakdown of the first steps you need to take if you’re thinking about filing a claim under the 1975 Act:
Check if You Qualify
Not everyone is entitled to make an Inheritance Act claim. You must fall into one of the following categories:
- Spouse or civil partner of the deceased
- Former spouse or civil partner (provided you haven’t remarried)
- A cohabitee who lived with the deceased for at least 2 years prior to death
- A child of the deceased (including adult children)
- A person treated as a child of the family (e.g. stepchildren)
- Someone who was financially maintained by the deceased
If you don’t meet these categories, you cannot make a claim under the Inheritance Act.
Knowing the Time Limit
You must bring your claim within six months of the grant of probate, or letters of administration. It is critical to be aware of the time limit as this is a strict deadline, although courts may extend it in limited circumstances. If you miss this window, your chances of success may drop significantly.
TIP: Always act promptly to avoid missing the time limit.
Obtain a Copy of the Will and Probate Information
Before making a claim, it’s important to:
- Get a copy of the will (if one exists).
- Check probate status: You can check online via the UK Government Probate Registry.
This will give you a clear idea as to how the estate is being distributed and who is receiving what.
Seek Legal Advice from a Specialist Solicitor
Inheritance law is complex. Before filing a claim, consult a solicitor with experience in contentious probate or inheritance disputes. They will assess your eligibility and likelihood of success and guide you on the next steps.
Gather Supporting Evidence
The court will need evidence that:
- You qualify under one of the permitted categories.
- You have not received “reasonable financial provision.”
- You were financially dependent on the deceased (if claiming as a dependant).
- The estate is large enough to provide additional provision.
Therefore, helpful documents to obtain include bank statements, proof of financial support, living arrangements, and any communications showing dependency.
Engage in Pre-Action Negotiation
Before going to court, your solicitor will likely send a Letter of Claim to the estate’s executors and beneficiaries. This outlines your case and gives them an opportunity to settle the matter out of court.
Mediation is encouraged by the courts and can be a cost-effective way to resolve disputes without a trial.
Proceed with Court Proceedings (If Necessary)
If negotiations fail, the claim will proceed to court. The court considers various factors, including:
- Your financial needs now and in the future
- The size of the estate
- The financial resources of other beneficiaries
- Any obligations or responsibilities the deceased had towards you
How to Improve Your Chances of a Successful Inheritance Claim
To maximise your chances when making an Inheritance Act claim:
- Act quickly – time limits are strict
- Be honest – courts scrutinise all claims closely
- Document your dependency – evidence is everything
- Avoid emotional conflict – stay focused on facts
5 Frequently Asked Questions (FAQs) on Inheritance Act Claims
Here are some of the most commonly asked FAQs when it comes to Inheritance Act Claims:
1. What is ‘reasonable financial provision’?
This depends on the claimant’s relationship to the deceased. For spouses, it may be equivalent to what they would have received in divorce. For others, it typically means enough for daily living and maintenance, not necessarily a share of the estate.
2. Can adult children make a claim?
Yes. Adult children can claim under the Inheritance Act if they can demonstrate financial need or some form of dependency. Courts take a range of circumstances into account, including health issues, unemployment, or caring responsibilities.
3. What happens if there is no will?
If the deceased died intestate (without a will), the rules of intestacy apply. You can still make a claim under the Inheritance Act if you’re eligible and believe that these rules fail to provide adequately for you.
4. How much does it cost to make an Inheritance Act claim?
Costs vary depending on whether the case settles or goes to court. We 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.
5. Can I challenge a will just because I was left out?
No. Being left out of a will isn’t enough on its own. You must be able to prove that you qualify under the Inheritance Act and that reasonable provision was not made for your financial needs.
Contact Us
Making an Inheritance Act claim can feel overwhelming, especially during a time of grief. The law is designed to ensure that you are not left destitute or unfairly excluded.
Our panel of law firms can guide you through the process of making a claim with care and understanding. Call us at 0333 358 2345 or contact us online.