Inheritance Act 1975 Claims UK: Who Can Challenge a Will?

Updated: 16 May 2026 • Reading time: 9 min

Writing a will does not guarantee that your estate will be distributed exactly as you intend. The Inheritance (Provision for Family and Dependants) Act 1975 gives certain family members and dependants the right to apply to court for provision from your estate — even if your will specifically excludes them. Understanding who can claim, what the courts look for, and how to protect your estate is essential for effective estate planning.

Who Is Eligible to Claim?

Section 1 of the 1975 Act sets out six categories of eligible applicant:

1. Surviving spouse or civil partner — the broadest standard of provision applies
2. Former spouse or civil partner — only if they have not remarried or formed a new civil partnership
3. Cohabitant — a person who lived with the deceased as husband and wife (or as civil partners) for the two years immediately before death (section 1(1A))
4. Child of the deceased — including adult children and children born outside marriage
5. Person treated as a child of the family — e.g. stepchildren or children the deceased treated as their own
6. Dependant — any person who immediately before death was being wholly or partly maintained by the deceased

The Act applies where the deceased died domiciled in England and Wales. It applies both where there is a will and where the person died intestate.

The Reasonable Financial Provision Test

The court asks a single central question: did the will or intestacy make reasonable financial provision for the applicant? The standard differs by category:

• Surviving spouse/civil partner: “such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance.” This is the higher standard — the court looks at what a divorcing spouse would receive as a comparator.
• All other applicants: “such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance.” This is the maintenance standard — covering reasonable day-to-day needs, not general fairness.

Adult Children Claims: A High Bar

Adult children frequently attempt Inheritance Act claims, but the courts consistently emphasise that the maintenance-only standard is demanding. In Ilott v The Blue Cross[2017] UKSC 17 — the landmark Supreme Court case — the court upheld a modest award to an estranged adult daughter but confirmed that:

• A testator has the right to leave their estate as they wish
• There is no obligation on parents to leave anything to adult children who are self-sufficient
• The maintenance test requires financial need — moral claims alone are insufficient
• Courts must not rewrite the deceased’s will simply because the outcome seems harsh

Claims by disabled adult children, or those who gave up work to care for the deceased, stand on stronger footing. Claims by financially independent adult children who simply feel the distribution was unfair rarely succeed.

Section 3 Factors the Court Weighs

When exercising its discretion, the court must have regard to the following factors under section 3:

• The financial resources and needs of the applicant now and in the foreseeable future
• The financial resources and needs of any other applicant and any beneficiary
• Any obligations and responsibilities the deceased owed to the applicant or beneficiaries
• The size and nature of the net estate
• Any physical or mental disability of the applicant or beneficiaries
• Any other matter the court considers relevant, including the conduct of the applicant

For surviving spouses and cohabitants, the court also considers the duration of the relationship, the applicant’s contribution to the estate, and any provision the deceased made or agreed to make during their lifetime.

The Six-Month Deadline

A claim under the 1975 Act must be issued within six months of the grant of probate or letters of administration (section 4). This deadline is strict. The court has discretion to permit late claims under section 4, but it will only do so where the applicant has a good explanation for the delay and the beneficiaries will not be materially prejudiced.

Executors who distribute the estate before six months have passed do so at some risk — they may need to recover assets from beneficiaries if a successful claim is later made. Most practitioners advise waiting six months before final distribution.

Protecting Your Estate

No will is completely immune from a 1975 Act claim, but you can substantially reduce the risk:

• Letter of wishes — document your reasons for the distribution clearly; courts give weight to the deceased’s stated reasons
• Avoid inadvertent maintenance — if you regularly give money to someone, they may gain eligibility as a dependant
• Life insurance in trust — passes outside the estate so is not subject to an Inheritance Act claim
• Regular review — update your will after major life events so the distribution reflects your current intentions
• Professional advice — a solicitor can help structure your estate to minimise vulnerability to claims

Frequently Asked Questions