Claims under the Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to make a claim against a deceased’s estate where the last will, or the Rules of Intestacy, do not make reasonable financial provision for them. The people who can claim under the 1975 Act are:

• The spouse or civil partner of the deceased
• A former spouse or civil partner, who has not re-married
• Children, including adopted children and anyone who was treated as a child of the deceased
• Cohabitees
• Anyone who was being financially maintained by the deceased prior to their death

Each case will be decided on its facts and depending on the nature of the relationship which the claimant had with the deceased. The Court will have to consider a number of different factors in order to decide whether an award should be made for the claimant from the estate and, if so, what form that award should take.

There is a 6 month time limit from the date of the grant of probate to bring a claim under the 1975 Act. However, the Court can give permission for a claim to proceed outside of this period so it may not be too late even if 6 months has passed.

We have extensive experience advising beneficiaries who are both claimants and defendants in relation to 1975 Act claims. We also advise executors of an estate faced with a claim for provision.