Last Updated on April 23, 2026 by tanya

Were You Financially Dependent on the Deceased?

 

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

 

How to Claim Under the Inheritance Act 1975

Losing a loved one is emotionally challenging, but were you financially dependent on the deceased? Financial uncertainty can make the grief process even more difficult. Many people are shocked to find out if they have been left out of a will or not adequately provided for. But if this has happened to you, you may be able to claim through the Inheritance (Provision for Family and Dependants) Act 1975 may offer a vital lifeline.

Being financially dependent on the deceased at the time of their death means that they provided regular financial support such as housing, bills, or living expenses. The Inheritance Act allows dependants who have not received reasonable financial provision from a Will or under intestacy rules to apply to the court for financial support from the deceased’s estate.

Our panel of law firms with highly experienced probate lawyers can guide you through the process to get the help you need at this difficult time.

 

What Does “Financially Dependent on the Deceased” Mean?

Being financially dependent on the deceased means that you relied on them for financial support at the time of their death. This can be either wholly or partly and goes beyond direct monetary payments. It may include:

 

Regular financial maintenance (such as monthly transfers or payment of bills)

Housing support (living in a property owned by the deceased without paying rent)

Payment of living expenses, tuition fees, or debts

Support through a business or shared financial arrangement

 

If the deceased provided financial support that you reasonably relied on, and their death has left you without sufficient financial provision, you may be eligible to make a claim under the Inheritance Act.

 

Who Can Claim Under the Inheritance Act 1975?

The Act allows the following categories to bring a claim:

 

Spouses or Civil Partners

Even if you were separated but not legally divorced, you may be entitled to reasonable financial provision.

 

 Former Spouses or Civil Partners

If you have not remarried and there is no agreement preventing a future claim.

 

Cohabiting Partners

If you lived with the deceased in the same household for at least two years immediately before their death.

 

Children and Adult Children

This applies even to adult children who can demonstrate financial dependency.

 

Stepchildren and Persons Treated as Children of the Family

 

Any person who was financially dependent on the deceased, regardless of family relationship

This includes carers, companions, and others who received ongoing financial support.

 

Why Does Financial Dependence Matter in Inheritance Claims?

Financial dependence is central to proving that the will – or the intestacy rules (where there is no will) – does not make reasonable financial provision for you. The court will assess your needs and the level of support previously provided to determine whether further financial provision should be made.

 

How to Prove You Were Financially Dependent on the Deceased

To make a strong claim, you should gather evidence such as:

 

Bank statements showing transfers or payments

Proof of shared financial accounts or joint liabilities

Evidence of living arrangements

Written or digital communication acknowledging support

Witness statements from family or friends

 

How to Claim Under the Inheritance Act

Step 1: Act Quickly – There Is a Strict Time Limit

You must file your claim within six months from the date probate is granted. Missing this deadline may prevent you from claiming unless the court grants special permission.

 

Step 2: Seek Specialist Legal Advice

Inheritance Act claims can be complex, and early legal advice significantly improves your chance of success.

 

Step 3: Submit Your Claim and Evidence

Your solicitor will help you prepare the claim, outlining your financial needs and the provision you seek from the estate.

 

Step 4: Negotiation or Mediation

Most claims are resolved outside of court through negotiation.

 

Step 5: Court Proceedings

If settlement is not reached, the court will decide based on fairness and your level of dependency.

 

Key Factors Considered by the Court

The court will examine:

 

Your financial needs, now and in the future

The size and nature of the estate

The level of your dependency on the deceased

Your health and ability to earn income

Any obligations the deceased had toward you

 

What Financial Provision Can Be Awarded?

Financial provision may include:

 

Lump sum payments

Regular maintenance payments

Transfer of property or the right to live in a property

Provision of housing or living expenses

 

Common Situations Where Claims May Be Successful

Cohabitees left out of a Will

If you lived with the deceased and relied on them financially.

Adult children needing support

Even adult children can claim if they were financially dependent.

Unmarried partners with no automatic inheritance rights

If you were financially dependent, the Act provides a legal route to claim.

 

5 Common FAQs If You Were Financially Dependent on the Deceased

Can I claim if I was financially dependent on the deceased but not related to them?

Yes. The Inheritance Act allows any person who was being maintained by the deceased at the time of death to apply, regardless of blood relation.

What if there is no Will?

You can still claim under the Inheritance Act if the intestacy rules do not provide reasonable financial provision for you.

How long do I have to make a claim?

You must apply within six months of the grant of probate.

Can adult children claim under the Inheritance Act?

Absolutely—especially if they can prove financial dependence.

Do I need a solicitor to make a claim?

While not legally required, professional representation significantly improves your likelihood of success.

 

Get In Touch Today

If you were financially dependent on the deceased and have not been left with reasonable provision, the law is on your side. The Inheritance Act 1975 is designed to protect individuals in exactly your situation. Acting quickly and seeking specialist advice can make all the difference.

Contact us today to discuss your case with our panel lawyers and secure the financial support you deserve. They 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.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back at a time that suits you.