Last Updated on April 21, 2026 by tanya

How Inheritance Act Claims Can Affect Family Home Ownership

 

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

 

Key Things You Need To Know About Probate Claims and Home Ownership

For many families, who inherits the family home can quickly spiral into a serious conflict, including how Inheritance Act claims can affect family home ownership. Inheritance Act claims are a legal avenue for certain people who feel they have been left without reasonable financial provision after the death of a loved one. While the Act does not automatically guarantee a share of the estate, it gives the courts the authority to adjust distributions, which can include transferring or securing interest in the family home.

 

Who Can Make an Inheritance Act Claim?

The Act is designed to protect individuals who were financially dependent on the deceased or had a close personal relationship with them. Specifically, the following people can make a claim:

 

Spouses or civil partners – even if divorced, in some circumstances

Children of the deceased – including adult children

Former spouses or partners – if they have not remarried

Other dependents – anyone the deceased maintained or financially supported

 

If the family home was primarily the residence of the claimant or relied upon by them for shelter, it can become a central focus of the claim.

 

How Inheritance Act Claims Affect Ownership of the Family Home

The family home often represents more than just a property; it’s a symbol of security and a financial asset. When an Inheritance Act claim is made, the court can make orders affecting the family home in several ways:

 

Transfer of ownership – The court can order that the home or a share of it be transferred to the claimant, especially if they were living there and the deceased intended it to be a family residence.

Sale of the home – In some cases, the home may be sold, and the proceeds divided to provide reasonable financial provision for the claimant.

Creation of a life interest – The court can allow the claimant to live in the home for the rest of their life, even if they do not gain full ownership.

Financial settlement – If the claimant does not receive the property itself, the court may order a cash payment to compensate for their interest or dependence on the home.

These decisions are always based on the deceased’s estate, the claimant’s needs, and any other dependents.

 

Key Reasons You Might Bring an Inheritance Act Claim Regarding the Family Home

There are several common reasons people consider bringing a claim under the Inheritance Act, particularly when the family home is involved:

 

1. The Deceased Left the Home Entirely to Someone Else

One of the most common triggers for an Inheritance Act claim is when the deceased left the family home to another beneficiary, such as a new partner, adult children, or a distant relative.

For example, a spouse may find that the house they shared for decades was left entirely to a grown child. In this case, they may bring a claim to either:

 

Secure ownership or a share of the property

Receive financial compensation to purchase an alternative home

 

The court will weigh the claimant’s needs against the deceased’s intentions and other beneficiaries’ rights.

 

2. The Claimant Was Dependent on the Deceased

Dependence is a central consideration. If a surviving spouse, civil partner, or family member relied on the deceased to maintain the family home, a claim may ensure they do not face homelessness.

The court will consider factors such as:

 

The claimant’s age and health

Their current financial resources

The cost of housing elsewhere

The duration and nature of their residence in the family home

 

If the court determines that reasonable financial provision has not been made, it can order transfer or compensation related to the home.

 

3. Children’s Right to Adequate Provision

Children, including adult children, can bring a claim if they feel the deceased’s will did not provide adequately for them. Instances may include if the deceased provided for them financially or there is financial hardship, disability or health issues.  In cases where the family home was intended to be their inheritance, disputes often arise.

For instance:

 

A deceased parent leaves the house to a new spouse

Adult children may claim that they were entitled to a portion of the home or its value

The court will balance the needs of the children against those of the surviving spouse or other beneficiaries

 

This ensures children are not unfairly disadvantaged by a will that overlooks them.

 

4. Protection Against Unfair Exclusion

Sometimes, family members are excluded from the will entirely, even though they lived in the family home or contributed financially to it. The Inheritance Act allows them to bring a claim to correct this.

Courts will assess whether the deceased’s omission was reasonable. If not, the claimant may secure a share of the family home or its value, reflecting their contribution or dependency.

 

5. Ensuring Long-Term Security

For some claimants, the objective is not immediate ownership but long-term security. This could involve:

 

Securing a life interest to live in the family home for the remainder of their life

Receiving funds to continue living in the property without needing to sell it

 

The court aims to achieve fairness while respecting the deceased’s estate planning intentions.

 

Factors the Court Considers in Family Home Claims

When the family home is involved in an Inheritance Act claim, the court looks at multiple factors, including:

 

Financial resources of all parties, including other beneficiaries

Standard of living the claimant enjoyed before the deceased passed

Health and age of the claimant

Contributions to the home, such as mortgage payments, renovations, or childcare

Length of residence in the property

Deceased’s intentions, including any gifts or promises made during their lifetime

 

These factors help the court decide whether ownership or compensation related to the family home is justified.

 

Practical Steps If You Are Considering a Claim

If you are thinking about an Inheritance Act claim involving a family home, consider these steps:

 

Obtain legal advice early – These claims are complex, and timely guidance can improve your chances.

Gather evidence of dependence – This includes proof of residence in the family home, financial support, or contributions to the home.

Explore negotiation first – Many disputes can be resolved without going to court through mediation or family discussions.

 

Act within the limitation period – Generally, claims must be made within six months of probate being granted, although courts may allow exceptions in some rare cases.

Early action is crucial because property disputes can escalate quickly, and delays can limit your options.

 

Get in Touch

Inheritance Act claims can have a profound impact on the family home. Whether it involves transferring ownership, creating a life interest, or securing financial compensation, these claims ensure that family members and dependents receive fair treatment under the law.

The most common reasons to bring a claim include being excluded from the will, financial dependence on the deceased, children’s entitlement, and securing long-term housing security.

If you face uncertainty about the family home after a loved one’s death, it’s important to act quickly due to the strict time limits.

Call us now at 0333 358 2345 or contact us online for your free consultation and we can help you today.