Reasonable Financial Provision UK (2026): Inheritance Act Claims & Who Qualifies

Reasonable financial provision is the standard set by the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain people to apply to court for financial provision from an estate — even when a valid will (or the intestacy rules) does not give them anything, or does not give them enough. The court can order that maintenance, a lump sum, a property transfer, or a combination be paid from the estate if the existing provision is unreasonable. There are two standards: the 'maintenance standard' (for most claimants — enough to maintain a reasonable standard of living) and the higher 'spousal standard' (for spouses and civil partners — a fair share of the matrimonial assets). The Act overrides the freedom of testators to leave their estate entirely as they wish.

Six categories of applicant are listed in the Inheritance Act 1975 s1: (1) a surviving spouse or civil partner; (2) a former spouse or civil partner who has not remarried; (3) a cohabiting partner who lived with the deceased for at least 2 years immediately before death as husband and wife (or civil partners); (4) a child of the deceased — including adult children and children conceived before death; (5) a person treated as a child of the family (e.g. a stepchild who was brought up by the deceased); (6) any person financially maintained by the deceased immediately before death. The applicant must be a resident in England and Wales at the time of death (broadly). The claim is brought in the High Court Family Division or Chancery Division.

The claim must be issued in court within 6 months of the date of the Grant of Probate or Letters of Administration. This is a strict time limit — courts can extend it but only in exceptional circumstances and the bar is high. Missing the 6-month deadline is the single most common way Inheritance Act claims are lost. Claimants should act immediately: consult a solicitor as soon as possible after the death, register a standing search (form PA1S) with the Probate Registry so you are notified when the Grant is issued, and issue proceedings before the deadline. The clock starts from the Grant, not the death — but the Grant can be issued quickly, sometimes within weeks.

The maintenance standard applies to all claimants except spouses and civil partners: the court assesses whether the applicant is being maintained at a reasonable level — enough to cover reasonable income needs and, in some cases, a capital sum for housing or other needs. It is not a share of the estate; it is a maintenance-based assessment. The spousal standard applies to surviving spouses and civil partners: the court can award what is 'reasonable in all the circumstances' — a much broader standard that allows the court to consider what the spouse would have received on divorce, including a capital share and, for long marriages, potentially half the estate. The spousal standard is significantly more generous and cohabiting partners (even after 30 years) are limited to the lower maintenance standard.

Section 3 of the Inheritance Act 1975 sets out the factors: (1) the applicant's current and likely future financial resources and needs; (2) the financial resources and needs of any other applicant and beneficiaries; (3) the obligations and responsibilities the deceased had to the applicant and to beneficiaries; (4) the size and nature of the estate; (5) any physical or mental disability of the applicant or beneficiaries; (6) any other relevant matter — including the conduct of the parties. For spouse/CP claims, additional factors apply: duration of the marriage, the applicant's contribution to the welfare of the family, the applicant's age and earning capacity, and what they would have received on divorce. Courts have wide discretion — no two cases produce identical outcomes.

Yes — adult children are one of the six categories of eligible claimant. However, the maintenance standard applies: the court does not simply give adult children an equal share — it asks whether they are being maintained at a reasonable level. Courts apply a relatively high bar for adult children who are financially independent, able-bodied, and with no special dependency on the deceased. Adult children who are more likely to succeed: those who were financially dependent on the deceased (e.g. a carer who gave up work); those with a disability; those who contributed significantly to the deceased's business or care; those who were led to believe they would inherit. An independent, financially secure adult child who was deliberately excluded from a parent's will in favour of a new spouse will face a difficult claim.

Four key steps reduce the risk: (1) Write a detailed letter of wishes explaining your reasons for any exclusion or unequal distribution — courts give weight to the testator's stated reasons, even if they cannot override the Act; (2) Make ongoing reasonable provision for family members and dependants during your lifetime so the exclusion from the will does not represent a sudden withdrawal of support; (3) Keep financial records showing the relative financial positions of all family members — a beneficiary's greater financial need strengthens the defence of leaving more to them; (4) Consider leaving a maintenance provision (not nothing, but a modest amount) to any person likely to claim — it reduces the likelihood of litigation and may be less than what a court would order. A completely watertight defence against an Inheritance Act claim is not possible, but a thoughtful, evidenced will is the best protection.