Can a Sibling Make an Inheritance Act Claim in England and Wales?
Siblings are not eligible claimants under the Inheritance Act 1975 — the list is closed. A sibling can only claim if they qualify as a dependant: financially maintained by the deceased immediately before death under s1(1)(f).
Who Can Make an Inheritance Act 1975 Claim
Spouse or civil partner
No minimum period required
Former spouse / civil partner
If not remarried or re-partnered
Cohabitant (2 years)
Lived as spouse/civil partner for 2 years before death
Child of the deceased
Including adult children and adopted children
Child of the family
Stepchild treated as family child in a marriage/civil partnership
Dependant
Any person maintained by deceased immediately before death — may include siblings
Siblings, cousins, aunts, uncles, and friends are NOT eligible unless they qualify as dependants (s1(1)(e)).
Frequently Asked Questions
Can a sibling make an Inheritance Act 1975 claim in England and Wales?
A sibling cannot make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 based purely on the fact that they are a sibling. The Act contains a closed list of eligible applicants — and 'sibling' is not one of them. However, a sibling may qualify under a different category: if the deceased was financially maintaining the sibling immediately before death, the sibling can claim as a 'dependant' under s1(1)(e). The dependant category is not restricted to family members — it applies to any person who was being maintained by the deceased, whether wholly or partly. A sibling who was living rent-free in the deceased's house, or who received regular financial support from the deceased, may therefore qualify — but must prove that maintenance was occurring at the time of death.
Who can make an Inheritance Act 1975 claim?
Section 1(1) of the Inheritance (Provision for Family and Dependants) Act 1975 sets out the exhaustive list: (a) the spouse or civil partner of the deceased; (b) a former spouse or former civil partner who has not remarried; (c) a cohabitant who lived with the deceased as husband and wife (or civil partner equivalent) for the 2 years immediately before death — the 'cohabitation requirement'; (d) a child of the deceased — including adult children, illegitimate children, and adopted children; (e) a person treated as a child of the family by the deceased in relation to a marriage or civil partnership — i.e. stepchildren in a family context; (f) any person who was being maintained by the deceased immediately before death. Categories (a), (c), and (f) have specific conditions. The list is closed: cousins, siblings, aunts, uncles, and friends cannot claim unless they fit category (f) as dependants.
What does 'dependant' mean under s1(1)(e) Inheritance Act 1975?
Under s1(1)(e) (now s1(1)(f) in some references — the sixth category), a claimant must show that the deceased was, immediately before death, maintaining them either wholly or partly, and that the maintenance was not purely commercial. Section 3(4) requires the court to consider: the basis and extent of the maintenance, whether it was pursuant to any obligation, and all the circumstances. The key case is Re Beaumont [1980]: maintenance means that the deceased was making a financial contribution to the claimant's living expenses — not merely that the parties lived together. A sibling who lived in the deceased's property rent-free, received a regular allowance, or had bills paid by the deceased may qualify. But the maintenance must be shown to have existed immediately before death — past maintenance that had ceased is insufficient.
Can an adult child claim against a sibling's estate through the Inheritance Act?
No — the Inheritance Act gives rights to claim against the estate of the deceased. An adult child of the deceased can claim against the deceased's estate, not against a sibling's estate. What can happen is: if a sibling has inherited and a separate eligible applicant (for example, the deceased's child, spouse, or cohabitant) believes the will or intestacy does not make reasonable financial provision for them, they can claim against the estate. The sibling as an inheriting beneficiary would then have a reduced inheritance if the claim succeeds. The sibling-as-inheritor has no right to oppose the claim on grounds of being a sibling — they can only oppose on the merits of whether the provision was or was not reasonable.
Is there any other way for a sibling to challenge a will or claim a share of an estate?
Yes — the Inheritance Act is not the only avenue. A sibling may be able to challenge a will on other grounds: (1) Lack of testamentary capacity — the deceased did not understand the nature of making a will, the extent of their property, the claims of those who might expect to benefit, or was affected by delusion (Banks v Goodfellow test); (2) Undue influence — someone pressured the deceased into making the will; (3) Fraudulent calumny — someone poisoned the testator's mind against the sibling by making false statements; (4) Proprietary estoppel — if the deceased made promises to the sibling about inheriting which the sibling relied on to their detriment; (5) Constructive trust — if there was a common intention that the sibling would share in a property. These routes are available regardless of the Inheritance Act.
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