Inheritance act claims

Specialist advice when you have been left out of a will or not provided for

Losing a loved one is difficult enough without the added burden of being excluded from a will or left with less than you need. The law recognises that in some circumstances close family members and dependants should be protected. If a will or the rules of intestacy fail to make “reasonable financial provision” for you, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

At IMD Solicitors we specialise in Inheritance Act claims. Our experienced team will explain your rights, assess whether you are eligible, and guide you through each stage of the process.

Who Can Make an Inheritance Act Claim?

The Act sets out who may apply, including:

• Spouses and civil partners of the deceased
• Former spouses or civil partners (if not remarried or in a new civil partnership)
• Cohabiting partners who lived with the deceased for at least two years before death
• Children of the deceased, including adult children
• Stepchildren and others treated as a “child of the family”
• Anyone financially dependent on the deceased immediately before their death (for example, through financial support or rent-free accommodation)

What Counts as “Reasonable Financial Provision”?

The court considers each case individually.

For spouses or civil partners, the test is whether provision has been made “in all the circumstances” — often compared to what would have been awarded if the marriage or civil partnership had ended in divorce rather than death.

For other applicants, the court asks whether the deceased did, or should have, made sufficient provision for the claimant’s maintenance.

Factors taken into account include:

• The applicant’s financial needs and resources
• The size and nature of the estate
• The obligations and responsibilities the deceased had towards the applicant
• The financial needs of other beneficiaries
• The physical or mental health of the applicant and others involved
• Any other relevant circumstances

Reasonable provision does not always mean an equal share of the estate. For example, independent adult children may be treated differently from a cohabiting partner or a minor child.

Time Limits for Bringing a Claim

Strict deadlines apply. Inheritance Act claims must usually be brought within six months of the Grant of Probate or Letters of Administration. After this, the court’s permission is required and is only granted in limited circumstances.

Acting quickly gives you the best chance of protecting your rights.

How We Can Help

Our contested probate solicitors will:

• Assess whether you qualify to bring an Inheritance Act claim
• Provide clear advice on the strength of your case and potential outcomes
• Gather evidence of financial need or dependency
• Negotiate with executors and beneficiaries to seek settlement
• Represent you in court if necessary to secure fair provision

Our Approach

• Compassionate and practical: we understand the stress these cases cause and aim to minimise conflict wherever possible
• Clear advice: we explain your rights and likely outcomes in plain terms
• Cost transparency: we discuss fees and funding options from the outset
• Proven results: we have acted successfully in high value and complex disputes, often securing settlements without court action

Frequently Asked Questions

Can adult children make an Inheritance Act claim?

Yes, but the court will consider whether they were financially dependent on the deceased. Claims by independent adult children can be more difficult to pursue.

Can I claim if I was left out of the will completely?

Yes. If you fall within one of the eligible categories, the court can order provision even where you were excluded entirely.

What if there was no will?

You may still be able to bring a claim if the intestacy rules leave you without reasonable provision.

Will I have to go to court?

Not always. Many claims are resolved by negotiation or mediation before reaching trial.

Example Cases

• Acted in a £5 million estate dispute involving blended families and multiple Inheritance Act claims
• Represented a claimant where the deceased’s assets had been transferred out of his estate shortly before death to conceal them, successfully securing provision
• Defended an Inheritance Act claim against a £2 million estate brought by an adult child living outside England and Wales

Get in Touch

If you believe you have been unfairly excluded from a will, or not received reasonable financial provision, speak to our inheritance dispute solicitors today.

Call us on 0330 107 0107 or request a confidential consultation.

We have offices in London, Manchester and Birmingham, and represent clients across England and Wales.