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.
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.
The Act sets out who may apply, including:
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:
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.
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.
Our contested probate solicitors will:
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Our team is adept at handling intricate cases involving international elements, such as division of assets across borders, child abduction and child relocation. This makes us particularly suited for individuals with international family or business ties.
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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.
Yes. If you fall within one of the eligible categories, the court can order provision even where you were excluded entirely.
You may still be able to bring a claim if the intestacy rules leave you without reasonable provision.
Not always. Many claims are resolved by negotiation or mediation before reaching trial.
If you need legal advice, contact us today to request a free callback. Please note that all meetings are by appointment only in all our offices.
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