Inheritance Act Claims
A Guide to Inheritance Act Claims
Our Inheritance Act Claims solicitors are here to help ensure that your rights are protected and you receive the inheritance you are entitled to.
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If you have been cut out of a will, or the absence of a will has left you without access to the right financial support, you may think about making an Inheritance Act Claim (also know as a 1975 Act Claim).
Table of Contents
What is an Inheritance Act claim?
A claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”) is a legal action that you can take against an estate if you believe that you have been left without adequate financial provision when someone dies.
If your claim is successful, the Court will change the way the estate is distributed to give you a reasonable amount of inheritance. This may be the payment of a lump sum of money, regular payments for living expenses, the transfer of property to you, or another arrangement.
- Related reading: What to Do When Someone Dies
Who can make an Inheritance Act claim?
The following people may be eligible to make an Inheritance Act claim:
- The spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried or formed a new civil partnership since the death
- A cohabiting partner who lived with the deceased as “husband and wife” or the same-sex equivalent for at least two years before the death
- A child or someone who was treated as a child of the deceased, including adult children
- People who were financially dependent on the deceased person immediately before the death
What are the grounds for making a claim under the Inheritance Act?
You need to prove that the will (or intestacy if there is no will) did not make “reasonable financial provision” for you. This phrase is important. It means you must show that:
- The deceased had some kind of responsibility to help with your future living costs. For example, if you separated from the deceased some time ago and already are financially independent, it might not be reasonable to expect the estate to pay you anything.
- ‘Reasonable’ financial provision has not been made. Generally, this means the amount you need for maintenance, not to live in the lap of luxury.
The Inheritance Act will not help beneficiaries who simply feel that the will is unfair, or were expecting to receive a larger share of the assets.
What will the court take into account in an Inheritance Act claim?
The Court will take several factors into account when assessing your claim. These include:
- The responsibility the deceased had towards you and the other beneficiaries
- Your financial resources
- Your financial needs, such as any current debts, housing requirements and income needs
- Any physical or mental disability you may have
- The financial needs and resources of other beneficiaries
- The size of the estate
If you are claiming as a spouse or civil partner, the court will also consider your age, the length of the marriage and the financial or emotional contributions you made to the family. As a rule of thumb, the court will determine what financial settlement you would have received had you divorced or dissolved your partnership on the date of death, and award you that amount.
The Court has a lot of discretion in Inheritance Act claims. This means they can look at all the evidence, such as the deceased’s wishes or your conduct, before making an award. If the deceased wrote a letter explaining why they left you out of their will, for example, then the court will consider this when making its decision.
A prenuptial or postnuptial agreement may also provide insights into the wishes of the deceased.
What is the time limit to make an Inheritance Act claim?
You must make a claim within 6 months from the date of issue of the grant of probate. It is important to act quickly if you think you have a claim, as it is not possible to apply after this time limit.
How much does it cost to make an Inheritance Act claim?
Making a claim under the Inheritance Act can be expensive and time-consuming. You will need to use a solicitor, who will charge for their services. These can mount up if the case is contested and requires a Court hearing.
Often, it’s possible to resolve an Inheritance Act claim via probate mediation, where you and the executors of the estate negotiate a settlement without a Court hearing. This can save money, and it’s also often the faster option.
Can cohabiting partners claim under the Inheritance Act?
Cohabiting partners may claim under the Inheritance Act if they were living with the deceased “as husband and wife” for at least two full years before their death. The Court will look at the facts of each case to decide whether the relationship was close enough to justify a claim. For example, they have allowed claims where the cohabiting couple lived part of the week in separate households.
In Thompson v Raggett (2018) following 42 years of cohabitation, Mrs Thompson brought a claim for reasonable financial provision under the Inheritance Act 1975 against the estate of her late partner, Mr Hodge, whose will left his whole estate, valued at over £1,5 million, to tenants of his caravan park and farm in West Wales.
Can a former spouse who has divorced make an Inheritance Act claim?
Yes, it is possible for a former spouse to make an Inheritance Act claim as long as they have not remarried. These claims tend to be brought when ongoing spousal maintenance is part of the divorce settlement.
However, the Court will consider the circumstances of the financial settlement in divorce when assessing any claim. Financial Orders made during a divorce often include a restriction that prevents ex-spouses from making further claims against the other’s estate. If the restriction has been worded properly, this generally will prevent an ex-spouse from making a claim under the Inheritance Act.
- Read our blog post: Do I Have to Share My Inheritance With My Spouse?
Can adult children make a claim against a parent’s estate?
Yes. Adult children can apply if they can show financial need or that they were financially dependent on the deceased. In Dignam-Thomas v McCourt (2023), adult children in their 60s successfully brought a claim based on long-term dependency and contribution to their parent’s care.
Recent case law: Adult son awarded share of mother’s estate
In Isaacs v Green [2025] EWHC 1951, a 74-year-old man successfully claimed 25% of his late mother’s estate, despite being excluded from her will. The court found that his financial and health needs justified provision under the Inheritance (Provision for Family and Dependants) Act 1975.
Read the full case summary here.
How we can help
At Osbornes Law, our specialist solicitors can offer you practical advice on Inheritance Act claims. We will guide you through every step of the process, taking into account your best interests while remaining sensitive to the emotions at play. Get in touch to find out more.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Inheritance Act Claim FAQs
How long after death can an inheritance act claim be made?
In the judgment of the case of Thakare v Bhusate [2020] EWHC 52 (Ch) handed down recently, the High Court upheld a widow’s right to bring a claim against her husband’s estate more than 26 years after the grant of probate was issued. It is a new landmark in the length of time Inheritance (Provision for Family and Dependants) Act 1975 claims can be brought after death.
Mrs Bhustate was granted permission by Chief Master Marsh to bring a claim out of time (nearly 25 years after the date of the grant of probate), partly on the basis of her acrimonious relationship with her stepchildren which had obstructed the house sale.
Mr and Mrs Bhustate married in India in 1979. Mr Bhustate (61) was twice previously married with five children and Mrs Bhustate (28) spoke little English. The couple lived in London and had one child before the husband died intestate in 1990. Their marital home failed to sell with Mrs Bhustate continuing to live there with her son.
The stepchildren appealed against the court’s decision to permit the ‘out of time’ claim to be brought, arguing reasonable financial provision had already been made for their stepmother at the time their father died. They claimed it was her own ‘fault’ that she lost the entitlement to bring a claim.
Dismissing the appeal, Mr Edwin Johnston QC concluded it was inappropriate to interfere with the Chief Master’s decision. He also stated that the ‘administration of the estate was left in limbo’ as a result of a lack of cooperation from the stepchildren.
It is encouraging that the High Court has upheld the widow’s rights in this case and thereby ensured that justice was not thwarted by conduct.
What is a 1975 Act Claim?
A 1975 Act Claim is the same as an Inheritance Act Claim. The name refers to a claim made under the Inheritance (Provision for Family and Dependants) Act 1975.
Can I recover legal costs if I bring a claim?
Yes, in some cases. The court may consider legal fees (especially under a Conditional Fee Agreement or ‘no win, no fee’ arrangement) as part of your financial need. This was confirmed in Hirachand v Hirachand (2021), where the claimant’s success fees were taken into account when awarding provision from the estate.
What is the "divorce cross-check" in relation to inheritance act claims?
The “divorce cross-check” assesses what the spouse would have received if the couple had divorced. It reinforces that testamentary freedom does not override legal obligations to provide for a spouse.
In the case of Kaur v Estate of Karnail Singh (2023) the court ruled in favour of a widow who was disinherited by her husband of 66 years, awarding her half of his £1.2m estate despite the will excluding her entirely. This case confirmed that courts can override a will when a spouse is left without reasonable provision, using the “divorce cross-check”.
Can someone rely on promises made by the deceased?
Yes, if a person relied on a promise from the deceased and acted to their detriment, they may bring a proprietary estoppel claim. In Jennings v Rice, a lady’s gardener who became her long-term carer was promised a home but was not left one in her will. The court awarded him £200,000.
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“Jan is an impressive lawyer who knows her way around private wealth dispute matters.”
"I wish to thank you for your advice, efficiency and professionalism throughout which has been greatly appreciated."
"She's very able, she can do both the non-contentious and contentious sides very, very well."
"Incredibly dedicated and committed to her clients."
"I am proud to be a private client of Osbornes Solicitors LLP, a client of many years. I appreciate the swift and efficient work of the Private Client Department Team."
“Thank you for your 1st class professional service and support on this.”
“Jenny was fabulous….full stop!”
“Many thanks for all your assistance in this matter [making a will] we are very pleased we chose to come to you and Osbornes.”
"Your help and service has been excellent; timely responses and robust attention to detail have made the task for us very easy and straightforward. Thank you, all your work much appreciated and you have been a fine representative for Osbornes."
"Thank you for all your work you did for me you were amazing, I would definitely recommend you to my friends and I would definitely use your service again."
"Thank you for holding my hand through this procedure and your kindness which has been greatly appreciated."
"Appreciated the professionalism of my solicitor, Miss Samantha Tayler in particular her clear explanation of legal terms and situations, her attention to great details which reassured me and put my mind at rest, her patience in helping me to make sure that I was satisfied to all aspects of my will before I signed the final draft. Since I have assets in Malta, she also clarified for me the situation regarding the European Succession Law."
"Thank you again for all the courteous help you gave me over the time of settling my husband’s will. I am very grateful to you."
"For probate, I'd recommend Samantha Tayler at Osbornes. Excellent client service, responsive and helpful during a difficult time. Proactive in flagging incoming changes to court fees, thereby saving the estate significant costs and securing probate in a timely and efficient manner. Many thanks."
"Thank you for all your help with the Estate affairs. It has been a pleasure dealing with you and you have helped to make the whole process a lot more bearable."
“Jill and I are extremely grateful for all the hard work you did on our behalf, in such a professional manner. You kept us fully informed at all times which was much appreciated and achieved the best possible outcome. We would have no hesitation in recommending both you and Osbornes to any of our family and friends in the future”.
“Mr Joseph Gunn provided outstanding legal advice about my Will. His attention to details and his knowledge of national and international regulations were invaluable”.
“You have truly shone out from anyone I have known with your experience and knowledge in these types of situations”
“You have completely amazed me and I have such heart-felt gratitude for your dedication and perseverance”
“Thank you all very much for your professional service, it has been reassuring throughout.”
“I should note that it is refreshing to deal with an efficient, professional, and well written lawyer such as yourself.”
“I wanted to say that I am grateful beyond words at the effort Jan Atkinson has been putting in towards fixing our situation.”
“Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.”
“I would highly recommend you in any probate matter and your firm in any other legal matters.”
“I can’t tell you how much I appreciate you and your integrity. You are one in a million! I trusted you all along the way.”
“Once more this year your professionalism, hard work, perseverance, dedication and expertise with my case has truly humbled me. You kept me going when I had lost all strength… your action and your ability to power through is remarkable and outstanding.”
“I feel so humbled at your dedication from start to end when I was 100% lost. Also, I am in awe of your skills and knowledge with how to handle all the steps in this case and also how you helped throughout this whole thing. Your kindness and understanding to me is overwhelming… honestly, in each part of this, you’ve amazed me more than the last time.”
“Jan is one of the most client-friendly, ‘savvy’ solicitors I’ve ever met. A solicitor who knows exactly how to navigate a case to the best possible outcome. In my case, being able to contain my over- zealous demands, which, without her control, could have come to nothing. Jan has this great command of the law and knows exactly, how to execute it, in the interests of her client. I have her to thank for everything. My family members and I are all with her excellent firm, Osbornes Solicitors LLP, ‘a chain, solicitors and right-hands, with no weak link.”
“Thank-you Jan from the bottom of my heart for all your care and for standing up for me this whole time in addition to constantly pushing this along, sharing your help and advice with everyone and for having such clear focus with direction. Each step of the way you have amazed me more than the last time. I am so grateful and appreciative of all that you have done. This chapter of my life will close, thank-you to you. My words are so small for all that you have done. You have given me more than you know”
"Thank you Jenny for all you have done... I am very appreciative and glad that we selected you to do the work. It has made the path of Probate smoother than anticipated and your expertise has been reassuring throughout."
“Thanks so much for work on this, very happy with your service and the team involved. Best law firm 2019 & 2020 says it all.”
“I have greatly appreciated your help, guidance and support throughout the whole process of dealing with the estate. It has been a real pleasure working with you and in particular being able to discuss my thoughts and questions on how particular aspects should be handled; and I have valued as your common sense approach as well as your technical/legal knowledge. I know I speak for all the family, nieces and nephew included, when I express our heartfelt thanks for all you have done and, not least, your sympathy for the family.”
“Thank you for all your hard work and professionalism in all you have done and are doing on our behalf”
“I received an outstanding service from Osbornes Law in relation to the processing of a complicated overseas Will. The service provided by Suzanna Baker and Jan Atkinson was very professional, their communication was clear and concise, and I felt that they did all they could to ensure as smooth a progression through probate as could be expected."
“Thanks again for all your efforts, it is so much appreciated that I will be recommending Osbornes to family and friends in the future”
“I am emailing to let you know the Fantastic work Suzanna Baker does. She is handling the will/estate for my late Uncle. I am located in Australia, so as expected there are geographical and time differences hindering communication. In a few emails and one phone call we had sorted the whole matter out and finalised. This was impressive to say the least! All I wish is that Suzanna be recognised for her fantastic work.”
I received an outstanding service from Osbornes Law in relation to the processing of a complicated overseas Will. The service provided by Suzanna Baker and Jan Atkinson was very professional, their communication was clear and concise, and I felt that they did all they could to ensure as smooth a progression through probate as could be expected. I would 100% recommend this law firm.
Appreciated the professionalism of my solicitor, Samantha Tayler, in particular her clear explanation of legal terms and situations, her attention to great details which reassured me and put my mind at rest, her patience in helping me to make sure that I was satisfied to all aspects of my will before I signed the final draft. Since I have assets in Malta, she also clarified for me the situation regarding the European Succession Law .
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters.
Jan Atkinson is a stand out partner who combines a non-contentious and contentious practice. She is calm, persuasive and persistent. Clients would undoubtedly trust her and she is able to call on a super nice rock solid team around her.
Jan Atkinson is an impressive lawyer who knows her way around private wealth dispute matters. She is very experienced in lengthy and fraught disputes and knows how to achieve good solutions for all parties involved. She is very on the ball and works very efficiently.
She brings a depth of experience in estate administration to her respected disputes practice.
Elspeth explained everything very clearly and made us feel comfortable.
I am truly amazed by and exceedingly happy with the rapid progress being made by you and your team in handling matters on my behalf.
"Jan Atkinson, with her steely, steady, calming presence, instils confidence in the most highly-strung of us clients. With her masterful knowledge of the law, old and new, and its application, Jan can navigate through the most complex of cases to a successful end."
"I find Osbornes’ client-friendly approach welcoming and refreshing"
"Jan Atkinson is a formidable litigator in succession disputes – you want her on your team in any such case"
"A very capable team headed by the wonderful Jan Atkinson. She is both able and charming, which is a winning combination"
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
"Osbornes does high-quality work. Jan Atkinson is the go-to partner for independent administrations"
"A medium-sized London firm dealing with big litigation and doing it extremely well because of a depth of expertise and experience."
"Jan Atkinson is extremely experienced and an expert in this area of law. She is utterly pragmatic, always looking at what the client wants to achieve. She can be extremely tough when she needs to be but always knows when to compromise"
My family had the pleasure of Jan Atkinson working with us on the will and probate issues of [my mother's] estate in Camden and Ireland after she passed on last year. Jan and her assistant(s) offered us a fantastic service at a sad time.
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters
A small but formidable team, punching above its weight. Jan Atkinson is a seasoned pro. Approachable but no push-over
The team is very caring, experienced and detailed and was clear about the next steps and offered very helpful advice and suggestions
Jan Atkinson is "terrific," "extremely professional" and "enormously experienced."
Jan Atkinson's "in-depth knowledge of the non-contentious work gives her an advantage when she's dealing with very difficult contentious issues, because she really understands what has gone wrong and how to get it right"
"Elspeth Neilson is very reliable and practical."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Osbornes feels like a local firm but with a Big City reach."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
"Recognised for its expertise in both domestic and international adoption, as well as assisted conception."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
The situation was handled by your extremely competent, efficient hands - I would not hesitate to recommend Osbornes to others.
"Service prompt and effective. I have absolute confidence in Maggie."
Elspeth explained everything very clearly and made us feel comfortable.
I am happy with the service that I got and would recommend you to other potential clients.
I found Osbornes always very helpful and efficient.
We are very pleased with the services of Osbornes. Highly professional and through with close attention to detail.
I would like to thank Elspeth Neilson for her kindness and professionalism in dealing with all our legal requirements during this difficult period. It has been a pleasure working with her.
I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.
Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.
Thanks for all your work and explaining everything so clearly. For any legal matters in the future I would not hesitate in instructing Osbornes.
We have found your service to date as the most informative we have come across.
Osbornes Solicitors always responded promptly to any request for information I had.
“Geoffrey’s affairs were dealt with just the right combination of friendliness and professionalism, which really helped.”
Jan Atkinson is confident with a straightforward approach. Her practice covers both contentious and non-contentious matters, including wealth planning and estate administration.
Naomi Angell is the doyenne of inter-country adoption and the font of all knowledge in this area.
Elspeth's assistance and services are much appreciated. Her instructions are clear and she managed the process well despite the many external delays beyond her control.
I wanted to say that I am grateful beyond words at the effort Jan Atkinson has been putting in towards fixing our situation.
I would like to thank everyone in my case for the excellent job!
Jan Atkinson has helped me so very much! Thank you!
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Elspeth was unfailingly kind, responsive and very patient. At times she was like a counsellor. She is a star.
This team is perhaps best known for its children work, often involving complex international dynamics.
Osbornes handles a growing stable of wealthy international clients. The firm receives glowing plaudits from clients.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
The Will, Probate and Disputed Estate Team View the whole team
Jan Atkinson
Partner
Private ClientSuzanna Baker
Partner
Private ClientKatie de Swarte
Partner
Private ClientElspeth Neilson
Partner
Private ClientJenny Walsh
Partner
Private ClientFlorence Arbuthnott
Senior Associate
Private ClientLesley Boreham
Associate
Private ClientLaura Brogden
Solicitor
Private ClientTahsin Chasmawala
Associate
Private ClientElla Coles
Solicitor
Private ClientEllen Cordery
Trainee Solicitor
Private ClientJoseph Gunn
Associate
Private ClientRachel Hyneman
Senior Associate
Private ClientChloe Knight
Paralegal
Private ClientMaggie Leiper
Consultant
Private ClientJulia Lind Kenward
Solicitor
Private ClientAngela Marangone
Solicitor
Private ClientAdam Matthews
Senior Associate
Private ClientEllie McEvoy
Trainee Solicitor
Private ClientEllie Murray
Solicitor
Private ClientRoshni Pandya
Associate
Private ClientLaura Parkinson
Paralegal
Private ClientTishina Ramkishun
Solicitor
Private ClientDaniel Silverstone
Paralegal
Private ClientView the
whole team
