Claims under the Inheritance Provision for Family and Dependants Act 1975

English law is based on the principle of testamentary freedom. This means they can leave their estate to whoever they choose. They can also exclude certain people from their Will, including children, a spouse or a civil partner. However, that freedom is not absolute. The Inheritance Provision for Family and Dependants Act 1975 allows certain categories of people to bring a claim against an estate if the Will, or the intestacy rules where there is no Will, fails to make reasonable financial provision for them. We advise on both bringing and defending Inheritance Act claims.

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For individuals

Assessing your claim

Inheritance Act claims are highly fact specific. We take time to understand your financial circumstances, your relationship with the deceased, and the wider estate position. We assess your prospects of success and give practical, commercially focused advice on the best way forward in line with your objectives.

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Pre action steps

Strong preparation shapes the outcome. We draft detailed pre action correspondence setting out the basis of your claim or defence and request the information needed to move matters forward. Early, focused engagement can often narrow the issues and reduce costs.

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Alternative dispute resolution

Many contested probate disputes resolve through negotiation and settlement. We consider settlement options through out and advise you clearly on the risks and benefits of any proposal. Our aim is always to secure the right outcome at proportionate time and cost.

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Conducting your claim/defence

If court proceedings are issued, we can represent you throughout the litigation process. We guide you step by step, providing clear advice and robust representation. Where appropriate, we work closely with specialist barristers to present the strongest possible case on your behalf.

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Questions we’re often asked

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Is there a time limit to bring a claim under the Inheritance Act?

Yes, you must usually issue your claim at court within six months from the date of the Grant of Probate. Missing this deadline can significantly affect your position.

Do all contested probate cases go to court?

No. Many disputes resolve before proceedings are issued or at an early stage through negotiation or mediation.

What might I receive from the estate if I bring a claim?

The court considers what constitutes reasonable financial provision. It will look at your financial needs and circumstances, your relationship with the deceased, the position of other beneficiaries or claimants, the size of the estate and the nature of the assets involved. Each case turns on its own facts.