The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to apply to the court for reasonable financial provision from an estate, even if the Will says otherwise.
The following people can make a claim: the spouse or civil partner, a former spouse who has not remarried, a cohabitant who lived with the deceased for at least two years, a child of the deceased, anyone treated as a child of the family, and anyone who was being maintained by the deceased.
The court considers various factors including: the financial needs and resources of the applicant, the size of the estate, any obligations the deceased had towards the applicant, and the deceased's reasons for not providing for them.
For spouses, the court can award whatever it considers reasonable. For other applicants, the court is limited to what is needed for 'maintenance' — a lower threshold.
Claims must be made within six months of the Grant of Probate, though late claims can sometimes be allowed with the court's permission.
In 2026, Inheritance Act claims continue to rise, particularly from cohabiting partners and adult children. The best protection is a well-drafted Will with clear reasoning for your distribution choices.
A properly prepared letter of wishes can explain your reasoning without forming part of the Will itself. This can be powerful evidence in defending against claims.
At Castle Family Legal, we draft Wills with potential challenges in mind. Contact us for advice on protecting your estate.
