Family Provision Claim UK (2026): Inheritance Act 1975 Explained
Updated 13 May 2026 · 9 min read · England & Wales
A family provision claim is a court application by someone who was not left enough from a deceased person’s estate. The Inheritance (Provision for Family and Dependants) Act 1975 gives specific categories of person — spouses, children, cohabiting partners, and dependants — the right to ask a court to adjust what they receive. Understanding who can claim, how the court decides, and the critical 6-month deadline is essential for anyone making a will or dealing with an estate.
The legal framework: the Inheritance Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 gives the court power to override a deceased person’s will — or the intestacy rules — where the estate does not make reasonable financial provision for qualifying applicants. The Act applies to deaths where the deceased was domiciled in England and Wales.
A successful claim does not invalidate the will. The will remains valid; the court simply orders that a portion of the estate be paid to the applicant, adjusting the distribution the will (or intestacy) would otherwise produce.
Who can make a claim?
Six categories of person can apply under s1 Inheritance Act 1975:
| Category | Standard of provision | Notes |
|---|---|---|
| Spouse / civil partner | Reasonable in all circumstances (no need required) | Highest standard; divorce cross-check applies |
| Former spouse / civil partner (not remarried) | Maintenance only | Rare; often barred by clean-break order on divorce |
| Child of the deceased | Maintenance only | Includes adult children; harder threshold for independents |
| Treated as child of family | Maintenance only | Step-children in a marriage/civil partnership context |
| Dependant maintained by deceased | Maintenance only | Full or partial maintenance immediately before death |
| Cohabiting partner (2+ years) | Maintenance only | Must have lived as spouse/civil partner for 2 years immediately before death |
The 6-month time limit
Applications must be made within 6 months of the grant of probate (or letters of administration). Under s4 Inheritance Act 1975 this is a firm deadline. The court has discretion to allow late applications, but exercises that discretion sparingly. Common reasons cited by late applicants — waiting for legal advice, uncertainty about the estate value, or family negotiations — rarely succeed in obtaining an extension.
If you believe you have a claim, contact a solicitor immediately. Even if you are in discussions with the estate, issue protective proceedings before the 6-month deadline expires and negotiate simultaneously.
What the court considers
Under s3 Inheritance Act 1975, the court weighs up all the circumstances, including:
- The applicant’s current and future financial needs and resources
- The financial needs of other applicants and beneficiaries
- The obligations and responsibilities the deceased had towards claimants and beneficiaries
- The size and nature of the estate
- Any disability of the parties
- The applicant’s conduct
- For spouses, the duration of the marriage and the divorce cross-check
The court does not simply correct what it considers an unfair will. It asks whether the will (or intestacy) fails to make reasonable financial provision — a lower bar than “unfair”, but also one that requires actual financial need in most categories.
The divorce cross-check for spouses
For surviving spouses, the court applies a “divorce cross-check” from White v White [2001]: it considers what the applicant would have received had the marriage ended in divorce rather than death. This is a floor, not a ceiling. The court will not award less than a surviving spouse would have received on divorce without good reason.
Possible court orders
If the court finds provision was insufficient, it may order:
- A lump sum payment from the estate
- Periodical payments (maintenance)
- Transfer of specific property
- Settlement of property for the applicant’s benefit
- Variation of any trust within the estate
Orders are made from the net estate — the estate after debts, funeral expenses, and costs. In practice many claims settle before trial.
Reducing the risk of a claim against your estate
You cannot make your estate entirely immune from a 1975 Act claim, but you can take steps to make a claim less likely to succeed:
- Write a letter of wishes explaining your reasons for any departures from family expectations — courts give significant weight to a testator’s expressed reasons.
- Make some provision for likely claimants, even modest provision, which reduces the strength of a “nothing at all” claim.
- Keep records of any estrangement or breakdown in your relationship with potential claimants.
- Review your will regularly — a will made decades ago may no longer reflect your relationships or financial position.
Frequently asked questions
What is a family provision claim?
A family provision claim is an application to court under the Inheritance (Provision for Family and Dependants) Act 1975 by a person who was not left reasonable financial provision under the deceased's will or the intestacy rules. The court has broad discretion to order payments from the estate — a lump sum, periodical payments, a transfer of property, or a variation of a trust — to provide reasonable financial provision for the applicant. The claim does not overturn the will; it adjusts what is paid out of the estate.
Who can make a family provision claim?
Only people within the categories listed in s1 Inheritance Act 1975 can apply: (1) spouse or civil partner of the deceased; (2) former spouse or civil partner who has not remarried; (3) a child of the deceased (including adult children); (4) a person treated by the deceased as a child of the family in the context of a marriage or civil partnership; (5) a person maintained by the deceased immediately before death; and (6) a cohabiting partner who lived with the deceased as spouse or civil partner for at least 2 years immediately before the death.
What is the time limit for a family provision claim?
Six months from the date of the grant of probate or letters of administration. This is a strict deadline under s4 Inheritance Act 1975. After 6 months, a claim can only proceed with the court's permission — and courts are reluctant to grant permission unless there is a good reason for the delay. Solicitors, tax work, or uncertainty about the estate do not usually justify a late application. If you think you have a claim, you must act promptly.
What standard of provision applies to a surviving spouse?
A surviving spouse (or civil partner) is entitled to such financial provision as is 'reasonable in all the circumstances', whether or not they need it for maintenance. This is a higher standard than for other applicants (who must show need). The court will consider what the applicant would have received on divorce — the 'divorce cross-check' from White v White [2001]. A surviving spouse may receive a significantly larger award than other categories of claimant.
What factors does the court consider in a family provision claim?
Under s3 Inheritance Act 1975 the court weighs: (a) the financial resources and needs of the applicant now and in the future; (b) the financial resources and needs of any other applicant and beneficiary; (c) the obligations and responsibilities the deceased had towards applicants and beneficiaries; (d) the size of the estate; (e) any disability of the applicant or beneficiary; (f) the conduct of the applicant; and (g) any other matter the court thinks relevant, including the applicant's contribution to the welfare of the deceased or their family. For spouses, the court also considers the age of the marriage, the contribution to the family finances, and the divorce cross-check.
Can an adult child make a family provision claim?
Yes — adult children are eligible under s1(1)(c) Inheritance Act 1975. However, the bar is higher than for a spouse. The court applies the 'maintenance' standard (not the higher spouse standard), and adult children who are financially independent generally struggle to succeed. Claims are strongest where the adult child was financially dependent on the deceased, had an expectation of provision that was frustrated, or has a disability. A healthy, employed adult child who simply expected more is unlikely to succeed, though cases like Ilott v The Blue Cross [2017] confirm courts retain wide discretion.
How can I reduce the risk of a family provision claim against my estate?
You cannot completely eliminate the risk, but you can reduce it: (1) Write a letter of wishes explaining your reasons for the distribution — courts give weight to a deceased's expressed intentions; (2) Ensure dependants are provided for, even modestly, to reduce the strength of any claim; (3) Keep records of any breakdown in your relationship with potential claimants; (4) Consider lifetime gifts to intended beneficiaries (subject to the 6-year clawback rule in s10 IA 1975 for anti-avoidance); (5) Review your will regularly, especially after family changes. Specific exclusion clauses in the will explaining the omission are helpful but not conclusive.
A clear will reduces the risk of disputes
WillSafe’s DIY will kit helps you set out your wishes clearly. Pair it with a letter of wishes explaining your reasoning to give your estate the best protection against future claims.
Get the will kit →Related guides
- Inheritance Act 1975 — full overview
- Reasonable financial provision — what the court awards
- Contesting a will — all grounds explained
- Cohabiting couples’ rights — the legal position
- Letter of wishes — why it matters