Last Updated on April 22, 2026 by tanya

Inheritance Act Claims for Blended Families

 

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

Why Using a Contentious Probate Solicitor Matters

If a loved one has died and there’s a will dispute among family members, you may want to consider Inheritance Act claims for blended families. This type of family is now one of the most  common family structures in England and Wales. As modern life has become more diverse, this has seen more households including step-parents, step-siblings, half-siblings and cohabiting partners. But it has also become more legally complex.

Therefore, when a loved one passes away, disputes over inheritance may often arise, especially if the will is unclear, outdated or leaves someone feeling unfairly treated.

For those who believe they have been left without reasonable financial provision,, the Inheritance Act 1975 offers a route to challenge an estate.

At First Personal Injury, our team works with solicitors who are highly experienced in contentious probate and who can discuss the legal options available for you.

Contact our team today to arrange a free consultation.

 

Why Blended Families Face More Inheritance Disputes

Blended families will bring together people who do not share the same biological ties but may share a home, finances and emotional bonds. Yet, the law does not automatically grant inheritance rights to stepchildren, unmarried partners or others without a legally recognised relationship unless they are specifically provided for in a will.

Typically common reasons disputes may arise include:

 

Outdated Wills

A parent may have written a will years before re-marriage or before stepchildren joined the family. But, if they did not revise it, their new spouse or additional family members may receive nothing.

 

Assumptions About ‘Fair Share’

People often assume assets will automatically pass to their partner or children. However, without proper planning, the intestacy rules may divide the estate in a way the deceased never intended and often is not to the advantage of stepchildren and cohabiting partners.

 

Informal Promises

Blended families may rely on verbal assurances, such as promising that “everyone will be looked after”. If the will does not reflect those promises, family members may feel misled or excluded.

 

Tension Between Biological and Step-Relatives

Conflicts may arise between a surviving spouse and children from a previous relationship, especially if they have different expectations about inheritance or feel protective of family assets.

When disagreements escalate or a family member feels financially vulnerable, the Inheritance Act can provide protection.

 

What Exactly Is the Inheritance Act?

The Inheritance (Provision for Family and Dependants) Act 1975 allows  certain people to ask the court for reasonable financial provision from an estate if the will, or intestacy rules, fails to provide it. However it’s important to understand that it does not guarantee equal shares or permit challenges purely based on feeling unfairly treated. Instead, it focuses on whether the claimant has received enough to meet their maintenance or needs.

Inheritance Act claims are civil claims brought against the estate and often involve gathering evidence about finances, relationships and dependency.

 

Who Can Make an Inheritance Act Claim?

Only specific categories of people may bring an Inheritance Act claim. These include:

 

1. Spouses and Civil Partners

A surviving husband, wife or civil partner can claim if they have not been left reasonable financial provision. Courts assess this generously, generally taking into account what they might have received upon divorce.

 

2. Former Spouses or Civil Partners

They may claim if they have not remarried and if the divorce order does not prevent it.

 

3. Cohabiting Partners (“Common-Law Partners”)

A partner who lived with the deceased in a relationship akin to marriage or civil partnership for at least two years before death can bring a claim. This is particularly relevant in blended families where couples may not have chosen to marry.

 

4. Children

This includes biological and adopted children. They can claim if they believe they have not received reasonable financial provision.

 

5. Stepchildren and Adult Children

Even without a biological link, a stepchild can qualify if the deceased treated them as their child. In modern blended families, this is a common route for claims.

 

6. Anyone Financially Maintained by the Deceased

This category includes individuals who relied on the deceased for financial support, whether fully or partially.

 

If you fall into one of these groups and believe the will does not reflect your needs or the deceased’s intentions, you may have grounds to pursue a claim.

 

When Can You Make a Claim? Time Limits Matter

Inheritance Act claims are subject to a strict deadline. The rule is clear:

You must file your claim within six months of the “grant of representation” (usually the Grant of Probate).

Missing this deadline does not automatically prevent a claim, but the court will only allow a late application in exceptional circumstances—and you must act quickly. For blended families who may already be dealing with emotional and financial stress, early legal advice is vital.

 

Why It’s Advisable to Use a Contentious Probate Solicitor

Contentious probate is a highly specialist area of law. An Inheritance Act claim involves gathering detailed financial evidence, negotiating with other beneficiaries and, if necessary, presenting your case in court. The process can be lengthy, technical and stressful without expert support.

Here’s why using a contentious probate solicitor is strongly recommended as they can:

 

Handle Complexities of Blended Family Dynamics

A specialist solicitor recognises the unique sensitivities involved. They can guide you through arguments likely to succeed based on real-world cases involving stepchildren, cohabiting partners and second spouses.

 

Stay Within the Strict Time Limits

Missing the six-month deadline can jeopardise your claim. A solicitor ensures you meet all procedural requirements promptly.

 

Negotiate Settlements Efficiently

Most claims settle out of court. Skilled negotiation can secure a faster, more cost-effective resolution while preserving family relationships where possible.

 

Strengthen Your Case With Evidence

A contentious probate solicitor helps you gather relevant financial records, personal statements and supporting documents to present a compelling case.

 

Provide Clarity During an Emotionally Difficult Period

Inheritance disputes are stressful, especially within blended families. Having a professional handle the legal complexities gives you time to focus on grieving and supporting loved ones.

 

Reduce the Risk of Costly Mistakes

Inheritance Act litigation can quickly become costly if handled incorrectly. A solicitor ensures your claim is properly prepared and strategically managed from the outset so you don’t find yourself in a financial pickle.

 

Need Help Today?

The modern family structure brings legal challenges when it comes to inheritance. If you believe you’ve been left without reasonable financial provision after a loved one’s death, 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.

We partner with law firms which offer a range of fee structures, including ‘No Win, No Fee’ agreements,  along with other flexible funding – as well as a free, initial consultation.

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.