What is the UK’s Inheritance Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 is a UK law that allows certain people to claim financial support from a deceased person’s estate if they have not been properly provided for in the will (or under intestacy rules if there is no will). The purpose of the Act is to prevent hardship when someone who was financially dependent on the deceased is unfairly left out or given too little.

Who Can Make a Claim?

The Act allows the following people to apply for a share (or a larger share) of the estate:

1. Spouse or civil partner – They can claim even if they were already included in the will, especially if the amount left to them is significantly less than they need.
2. Former spouse or civil partner – They can claim unless they have remarried or agreed not to under a divorce settlement.
3. Children – Includes biological, adopted, and even some stepchildren.
4. Anyone treated as a child of the family – For example, a stepchild raised by the deceased but not formally adopted.
5. Anyone financially dependent on the deceased – Even if they are not related, they can claim if they relied on the deceased for support before their death.
6. Cohabiting partners – If the person was living with the deceased as a couple for at least two years before their death, they can claim.

What Can Be Claimed?

A successful claimant can receive reasonable financial provision from the estate. The court will decide what is “reasonable” based on factors such as:

• The claimant’s financial needs and resources.
• The size of the estate and whether the claim is affordable.
• The needs of other beneficiaries.
• The deceased’s relationship with the claimant.

Time Limits and Process

• A claim must be made within six months of the grant of probate (the legal confirmation of the will).
• The case is usually settled through negotiation, but if no agreement is reached, it may go to court.

Examples of Claims

• A long-term partner is left out of the will because they were not legally married.
• A child receives nothing while a new spouse inherits everything.
• A former spouse was financially dependent but wasn’t provided for.

The Inheritance Act 1975 exists to ensure that those who relied on the deceased are not unfairly left without financial support. Seeking legal advice early is crucial to making a successful claim. If this situation resonates with you, please get in touch on 020 3649 0550 or drop me a message here, on LinkedIn.

(Please note, this is a Canva stock image.)