Inheritance Act 1975 UK: Who Can Claim Reasonable Financial Provision From an Estate?
Quick answer
The Inheritance (Provision for Family and Dependants) Act 1975 lets spouses, cohabiting partners (2+ years), children, stepchildren, and financial dependants apply to court for provision from an estate — even when a valid will excludes them. The 6-month deadline from the date of the Grant of Probate is strict. Spouses get the most generous standard; everyone else gets "maintenance" only. A will with a letter of wishes explaining your decisions is the best protection.
What the Inheritance Act 1975 does
In England and Wales, you are generally free to leave your estate to whoever you choose. Unlike some European countries, there is no forced heirship rule giving children a fixed percentage. However, the Inheritance (Provision for Family and Dependants) Act 1975 creates a limited exception: certain people who were close to the deceased — or financially dependent on them — can apply to the court for "reasonable financial provision" even when a valid will does not provide for them.
A successful claim does not set aside the will. It adds a payment from the estate on top of what the will provides — reducing what beneficiaries receive.
Who can bring an Inheritance Act 1975 claim?
| Category | Standard applied | Key qualification |
|---|---|---|
| Surviving spouse / civil partner | Full reasonable provision — not limited to maintenance | Must be spouse or civil partner at date of death |
| Former spouse / civil partner | Maintenance standard | Must not have remarried or entered a new civil partnership |
| Cohabiting partner | Maintenance standard | Must have lived with deceased as spouse or civil partner for at least 2 years immediately before death |
| Child of the deceased | Maintenance standard | Includes any age — but adult children face a high threshold unless financially dependent |
| Person treated as child of the family | Maintenance standard | Stepchildren and others treated as children — relevant cohabitation context |
| Any other financial dependant | Maintenance standard | Must have been wholly or partly maintained by the deceased immediately before death |
The two standards: full provision vs maintenance
Full reasonable provision (spouses only)
The court asks what is fair and reasonable in all the circumstances. For a surviving spouse, this can mean a substantial share of the estate — potentially including the family home — not merely enough to live on. This is the most generous standard.
Maintenance standard (everyone else)
"Maintenance" means enough to cover the claimant's reasonable living costs — not a windfall, not a share in the estate's growth. The court considers the claimant's income, outgoings, housing needs, and the estate's size. Adult children with independent income face a high hurdle.
The 6-month deadline — the rule that catches people out
Strict 6-month deadline from Grant of Probate
A claim under the Inheritance Act 1975 must be made within 6 months of the date the Grant of Probate (or Letters of Administration) is issued. This is not 6 months from the date of death. After 6 months, court permission is required — which courts grant sparingly. If you think you may have a claim, take legal advice immediately after probate is granted, not months later.
What the court considers when deciding a claim
Under section 3 of the 1975 Act, the court weighs up:
- The claimant's current financial resources and likely future needs
- The financial needs of other claimants and beneficiaries
- The deceased's obligations and responsibilities to the claimant and beneficiaries
- The size and nature of the net estate
- Any physical or mental disability of any claimant or beneficiary
- Any conduct by the claimant (e.g. estrangement, financial abuse)
- For spouses: the duration of the marriage, contributions made, and what they would have received on divorce
- For cohabiting partners: how long they lived together and contributions to the home or family
Cohabiting partners: the 2-year threshold and its limits
Cohabiting partners who have lived together for at least 2 years immediately before the death can bring a 1975 Act claim. This is one of the very few legal protections available to unmarried couples in England and Wales — there is no "common law marriage" inheritance right.
However, the protection is limited:
- The standard is maintenance, not the generous full-provision standard for spouses
- The court will not grant a windfall — only what is needed for reasonable living costs
- The 2-year threshold is strict: a partner of 18 months has no automatic right to claim
- A successful claim can take 12–18 months through the courts
A will is a far stronger protection for a cohabiting partner than relying on the Act. The WillSafe UK Cohabiting Couples Kit (£69.99) includes two will templates plus a cohabitation rights guide.
How to reduce the risk of an Inheritance Act claim
- Make a will — intestacy often leaves dependants worse off than a thoughtful will would, increasing the risk of a claim.
- Write a letter of wishes — explain why you made the gifts you did. A beneficiary who understands your reasoning is less likely to face a claim from someone you excluded.
- Provide something — even if modest — for likely claimants. A token provision is harder to overturn than a complete exclusion.
- Keep the will up to date — a will written before a child was born, before a long cohabitation, or before a major change in family finances is more vulnerable.
- Take specialist advice if you expect a claim — if you are deliberately excluding a spouse, adult dependent, or long-term partner, speak to a solicitor before finalising the will.
Frequently asked questions
What is the Inheritance (Provision for Family and Dependants) Act 1975?▼
The Inheritance Act 1975 allows certain close family members and dependants to apply to the court for 'reasonable financial provision' from a deceased person's estate — even when a valid will exists that does not provide for them, or when intestacy rules do not give them adequate provision. It is a safety net for people who were financially dependent on the deceased or who had a close family relationship with them.
Who can make an Inheritance Act 1975 claim?▼
Six categories of person can claim: (1) Spouse or civil partner; (2) Former spouse or civil partner who has not remarried; (3) A person who lived with the deceased as spouse or civil partner for at least 2 years immediately before death; (4) A child of the deceased (including adult children); (5) A person treated as a child of the family; (6) Any person financially maintained by the deceased immediately before death. Distant relatives and friends who were not financially maintained cannot claim.
What is the time limit for an Inheritance Act claim?▼
Claims must be made within 6 months of the date the Grant of Probate (or Letters of Administration) is issued. This is a strict deadline — applications after 6 months require court permission, which is rarely granted. Do not wait. If you believe you may have a claim, take legal advice as soon as probate is granted.
What does 'reasonable financial provision' mean under the 1975 Act?▼
For surviving spouses and civil partners, 'reasonable provision' is what is fair and reasonable in all the circumstances — which can include a significant share of the estate. For everyone else, it is limited to 'maintenance' — what is needed to meet living costs. The court considers the claimant's financial needs, the needs of other beneficiaries, the size of the estate, the deceased's obligations, and any relevant conduct.
Can an unmarried partner claim under the Inheritance Act 1975?▼
Yes — if they lived with the deceased as spouse or civil partner for at least 2 years immediately before the death. This is one of the few legal protections available to cohabiting partners in England and Wales. However, the standard is 'maintenance' (meeting living costs), not the more generous 'reasonable provision' standard that applies to spouses. A will is still the strongest protection for a cohabiting partner.
Can adult children claim under the Inheritance Act 1975?▼
Yes, but the threshold is high. An adult child's claim is assessed on the 'maintenance' standard. Courts typically expect adult children to be financially independent. Claims are most likely to succeed if the adult child was financially dependent on the deceased, has a disability, or was brought into a family business with an expectation of inheritance that was later revoked.
How do I make my will less vulnerable to an Inheritance Act claim?▼
Key steps: (1) Write a letter of wishes explaining why you made the gifts you did — especially if excluding someone who might expect to benefit; (2) Keep the will up to date; (3) Consider whether a dependant would have a realistic claim and whether a modest provision reduces dispute risk; (4) If you have a cohabiting partner, make explicit provision for them — the 2-year cohabitation threshold for an Act claim is a floor, not a target; (5) Take specialist advice if you expect a claim.
A will and letter of wishes are your best protection
Write a clear will explaining your wishes, pair it with a letter of wishes explaining your decisions, and give cohabiting partners proper provision. The Essentials Bundle covers all three.
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This article is for general information only and does not constitute legal advice. Inheritance Act 1975 claims are complex — always take specialist legal advice before making or defending a claim. WillSafe UK is not a firm of solicitors. Last reviewed 13 May 2026.