Last Updated on May 6, 2026 by tanya

When Can a Carer Bring an Inheritance Act Claim?

 

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

 

When Is a Claim Possible in England and Wales?

Carers often play a central role in the final years of someone’s life, but when can a carer bring an Inheritance Act claim? Caregivers are special as they provide daily support, companionship, and stability for those who are vulnerable. Yet many carers discover after the person’s death that they have been left out of the will entirely or given only a token gift. As carers are not automatically entitled to inherit, the question becomes whether they can seek financial provision through the Inheritance (Provision for Family and Dependants) Act 1975. In England and Wales, a carer can bring an Inheritance Act claim, but only if they meet specific legal criteria. This is typically when a carer can qualify as a dependant and was receiving meaningful support from the testator.

 

Why Carers Are Not Automatically Eligible to Claim

The Inheritance Act lists specific categories of people who can apply for financial provision. Carers are not included as a standalone group. Instead, a carer must fit into one of the existing categories, and the most relevant is usually the category of a dependant.

The Act does not compensate carers for the time or effort they invested. It focuses solely on whether the deceased provided financial support that the carer relied on. If the carer cannot show financial dependence, they cannot bring a claim, regardless of how much care they provided.

 

How a Carer Can Qualify as a Dependant

A carer may qualify as a dependant under the Act if they were being “maintained, either wholly or partly, by the deceased” immediately before death. This is the gateway through which most carer claims are made.

To meet this test, the carer must show:

• The deceased made a meaningful contribution to their living costs
• The support was ongoing, not occasional
• The assistance was substantial enough to affect the carer’s ability to meet their needs
• The support was not simply payment for services

The court looks at the reality of the arrangement. Even informal support can qualify if it met a significant part of the carer’s needs.

 

Forms of Support That May Establish Dependency

Carers may be maintained in a variety of ways. The court will consider the full picture, including:

 

• Rent‑free accommodation
• Payment of household bills
• Provision of food or daily essentials
• Regular cash contributions
• Payment of transport or medical expenses
• Covering personal costs such as clothing or phone bills

 

The key question is whether the deceased’s support formed a material part of the carer’s day‑to‑day living arrangements.

 

When a Carer Will Not Meet the Dependency Test

Not all caring relationships create dependency. A carer will not qualify if:

 

• They received only wages for their work
• The arrangement resembled a standard employment relationship
• They provided care voluntarily without receiving financial support
• The deceased’s contributions were occasional or insignificant

 

The Act is not designed to reward caregiving. It protects people who were financially reliant on the deceased and now face hardship.

 

Why Live‑In Carers Often Have Stronger Claims

Live‑in carers frequently have the clearest evidence of dependency because their living arrangements often involve financial support. Examples may include:

 

Living in the deceased’s home without paying rent

Having food, utilities, and daily expenses covered

Giving up paid employment to provide full‑time care

Being treated as part of the household and supported accordingly

 

In these situations, the carer may be able to show that the deceased maintained them “otherwise than for full valuable consideration,” meaning the support was not simply payment for work.

 

Carers Who Were Also Friends & Companions

Many caring relationships develop gradually between friends and companions. These arrangements often involve informal financial support. This may involve shared meals, contributions to household costs, or small but regular payments.

Courts recognise that dependency can arise in these type of relationships. If the deceased’s support met a significant part of the carer’s needs, the carer may qualify even if the relationship was primarily social rather than professional.

 

What Evidence a Carer Needs to Demonstrate Dependency

A carer must provide clear evidence of financial reliance. The court will not assume dependency without proof. Useful evidence includes:

 

Bank statements showing regular transfers

Records of bills paid by the deceased

Evidence of rent‑free accommodation

Witness statements from neighbours, relatives, or professionals

Notes, diaries, or correspondence showing the nature of the arrangement

Receipts for expenses covered by the deceased

 

The court looks for a pattern of support, not isolated acts of generosity.

 

Showing That the Estate Fails to Provide Reasonable Financial Provision

Once dependency is established, the carer must show that the will or intestacy rules fail to provide reasonable financial provision. This is a separate legal test. The court assesses what the carer needs going forward, not what they contributed in the past.

The court may consider:

 

The carer’s income and financial resources

Their ability to work

Their housing needs

Competing claims from family members

The size and nature of the estate

 

The focus is on whether the carer needs financial support to maintain a reasonable standard of living.

 

How Judges Typically Approach Carer‑Based Claims

Courts take a practical, fact‑specific approach. They consider:

 

The length and nature of the caring relationship

The extent of the deceased’s financial support

Whether the carer sacrificed employment or income

Whether the deceased expressed an intention to provide for the carer

The carer’s future needs, especially housing

The overall fairness of the estate distribution

 

Housing need is often the most persuasive factor. A carer who lived with the deceased and now risks homelessness may have a compelling claim.

 

Carers Who Were Promised an Inheritance

Carers are sometimes verbally promised a share of the estate in return for years of care. A promise alone does not create an automatic right under the Inheritance Act, but it can strengthen the argument that the deceased intended to provide for the carer.

In some cases, a separate claim based on proprietary estoppel may also be available, but that is a different legal route.

 

Time Limits Carers Must Follow

A carer must issue an Inheritance Act claim within six months of the grant of probate. Any late claims require the court’s permission, which is rare. Therefore, carers who believe they may have a claim should act as early as possible..

 

Practical Steps for Carers Considering a Claim

Carers should gather evidence early. Key steps include:

 

Collecting bank statements showing financial support

Recording the nature and extent of the care provided

Identifying witnesses who can confirm the arrangement

Establishing the size of the estate

Checking whether probate has been granted

Seeking specialist legal advice promptly

 

The strength of a carer’s claim often depends on the clarity and detail of the evidence.

 

Need Help Today?

A carer can bring an Inheritance Act claim in England and Wales if they can show they were being maintained by the deceased immediately before death. The law does not compensate caregiving itself. Rather, it protects individuals who were financially dependent and left without reasonable provision.

But it is important to act quickly due to strict time limits.

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