Inheritance Act Claims - Butcher & Barlow LLP

Losing a loved one is difficult enough without the added worry of financial uncertainty. You may have expected to be provided for, only to find that the Will does not reflect your needs, or that you have been left out entirely.

This type of situation can feel upsetting and confusing, particularly if you relied on the person who has died for financial support.

The Inheritance (Provision for Family and Dependants) Act 1975 (the Act) allows certain people to make a claim if they have not received reasonable financial provision from an estate.

At Butcher & Barlow, our Inheritance Act Solicitors provide clear, practical advice on Inheritance Act claims. We will work with you to review the basis of your claim, assess the strength of any available supporting evidence and explain the steps involved.

We will provide straightforward, sensitive guidance throughout the process, helping you understand your position and decide the most appropriate way forward, whether through negotiation or, if required, court proceedings.

Get expert advice on Inheritance Act claims

For specialist advice on Inheritance Act Claims, please contact our specialist Contentious Probate Solicitors at Butcher & Barlow.

You can call us on 0161 764 4062 or email enquiries@butcher-barlow.co.uk.

Why choose Butcher & Barlow for support with Inheritance Act claims?

At Butcher & Barlow, we have experience in handling all types of contentious probate matters, including Inheritance Act claims. We understand that these types of disputes can be emotionally and practically complex, which is why our team are committed to handling your case with the sensitivity it deserves.

We do not believe in ‘one-size-fits-all’ solutions. Our specialist Inheritance Act Solicitors focus on providing cleaƒr, practical advice tailored to your circumstances and objectives. Whatever your situation, we will explain your options carefully, outline the steps involved and help you understand what outcome may be realistic.

What is an Inheritance Act claim?

The law recognises that, in some situations, strict adherence to the terms of a Will may leave a spouse, child or dependant without proper financial support. An Inheritance Act claim is a claim for financial provision from a person’s estate where the Will, or the intestacy rules, do not make reasonable provision for them.

The purpose of the Act is not simply to rewrite a Will. It is there to allow the court to make reasonable financial provision where it is justified. If an Inheritance Act claim succeeds, the court can order payment of a lump sum, transfer property or create ongoing financial support from the estate.

Who can make a claim under the Inheritance Act 1975?

Only certain people are eligible to bring a family provision claim under the Inheritance Act. These include:

a spouse or civil partner of the deceased

a former spouse or civil partner, provided they have not remarried

a cohabiting partner who lived with the deceased for at least two years before death
a child of the deceased, including adult children
someone treated as a child of the family, such as a stepchild
any person who was financially dependent on the deceased

Each situation is considered on its own facts. If you have an eligible claim, the court will assess whether further provision is justified.

What is reasonable financial provision?

Reasonable financial provision depends on your relationship with the deceased. For most applicants, the court considers whether provision is sufficient for maintenance, in other words, their day-to-day financial needs, rather than whether they should receive a particular share of the estate.

For a surviving spouse or civil partner, the standard is wider. The court may consider what would be reasonable in all the circumstances, including what they might have received in a divorce settlement. Factors such as income, housing needs, age, health and financial responsibilities can all be relevant.

Grounds for making an Inheritance Act claim

Inheritance Act claims often arise where someone has been left out of a Will entirely or received less than they expected. This may include situations where a surviving partner is not provided with suitable housing, or where a dependant loses essential financial support.

What factors does the court consider?

The court will look carefully at the overall circumstances. This includes your financial resources and future needs, as well as those of other beneficiaries. The size and nature of the estate are also important, as this affects what provision can realistically be made.

Other factors may include:

The deceased’s obligations and responsibilities towards you
Any physical or mental health conditions affecting you or others involved
The nature of your relationship with the deceased
Any other relevant circumstances

The court aims to reach a fair and balanced outcome that reflects both the deceased’s wishes and the needs of those left behind.

Time limits for Inheritance Act claims

In most cases, a claim must be made within six months of the Grant of Probate or Letters of Administration. This is an important deadline, and acting early can help protect your position.

In limited situations, the court may allow claims outside this period, particularly if there is a good reason for the delay. However, extensions are not guaranteed. Seeking legal advice early allows time to assess your claim, gather evidence and consider the right next steps.

The Inheritance Act Claim process

The process usually begins with an initial assessment of the Will, the estate and your financial circumstances. If your claim is eligible and we believe there are grounds for a claim, we will notify the Executors and follow the relevant pre-action protocol.

The process may involve:

gathering financial information and supporting evidence
corresponding with Executors and Beneficiaries
negotiation or mediation to seek an agreed outcome
issuing court proceedings if necessary

Many claims are resolved without a final hearing. Our focus is on achieving a practical resolution while supporting you throughout.

How successful are Inheritance Act claims?

Each claim turns on its own facts, but many well-founded claims do result in additional financial provision. The outcomes will depend on the strength of financial need, the nature of the relationship with the deceased and the size of the estate.

It is important to approach any claim realistically. The court will not automatically divide the estate equally, and claims must be supported by clear evidence. Many cases are resolved through negotiation, which can reduce stress, costs and uncertainty for everyone involved.

Defending an Inheritance Act claim

If you are an Executor or Beneficiary facing a claim, it is important to respond carefully and in accordance with your legal duties. Executors must remain neutral while protecting the estate, and beneficiaries may need independent advice on their position.

We can assist by:

explaining your responsibilities and options
reviewing the strength of the claim
responding to correspondence and negotiations
representing you if court proceedings are issued

Our aim is to guide you clearly and help achieve a fair and practical resolution.

How Butcher & Barlow can help

Our experienced Contentious Probate Solicitors understand the emotional and financial importance of these matters and provide straightforward, supportive advice.

We will:

listen carefully to your circumstances
explain whether you may be eligible to bring or defend a claim
guide you through each stage of the process
work towards a resolution that reflects your needs

If you would like to discuss your situation, please get in touch with our team today. We are here to help.

Get expert advice on Inheritance Act claims

For specialist advice on Inheritance Act claims, please contact our specialist Contentious Probate Solicitors at Butcher & Barlow.

You can call us on 0161 764 4062 or email enquiries@butcher-barlow.co.uk.

Frequently asked questions about Inheritance Act claims

Can adult children make Inheritance Act claims?

Yes, adult children can bring a claim under the Act. However, the court usually considers whether they require provision for maintenance, rather than whether they simply expected to inherit.

Evidence of financial need, health concerns or dependency can strengthen a claim. Each case is assessed individually, and adult children are not excluded simply because they are financially independent or living separately.

Can I claim if the deceased died without a Will (intestate)?

Yes. The Inheritance Act applies whether or not there is a valid Will. If someone dies intestate, their estate is distributed under the intestacy rules, which may not reflect personal circumstances or financial dependency.

Eligible individuals can still bring a claim if those rules do not provide reasonable financial provision for their needs.

Can I make a claim if I was financially independent?

Financial independence does not automatically prevent a claim, but it is an important factor. The court will consider your income, expenses and future needs when deciding whether further provision is appropriate.

Claims are more likely to succeed where there is a clear need for maintenance or support, although each case depends on its own facts.

How long does an Inheritance Act claim take?

The length of the claim will depend on the complexity and whether an agreement can be reached.

Cases resolved through negotiation or mediation may conclude sooner, while those requiring a court hearing can take longer. We will keep you informed throughout and work to resolve matters as efficiently as possible.

What if the estate has already been distributed?

Executors are generally expected to wait at least six months after probate before distributing the estate. If they distribute too early and a valid claim is later brought, they may face difficulties and may, in some cases, be personally exposed. In some cases, beneficiaries may also need to return assets. Early advice can help avoid unnecessary complications.

Can I claim against a Trust?

Inheritance Act claims are usually made against the deceased’s net estate, but certain Trust assets may still be considered, particularly if they were closely connected to the deceased’s financial arrangements.

This can be complex, and the specific Trust structure will need to be reviewed. Our Inheritance Act Claim solicitors can advise on whether a claim may extend to those assets.