Can I claim under the Inheritance Act if there was no will?
Yes. The Act applies whether the deceased left a will or died intestate. If the intestacy rules leave you without reasonable financial provision, you can still apply to the court.
Inheritance (Provision for Family and Dependants) Act 1975: A Complete Guide | ProbateHelp
The full legal framework for claiming reasonable financial provision from an estate — who can apply, the 6-month deadline, the two standards of provision, and how courts decide.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 16 min.
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Frequently asked questions
I was living with my partner for 18 months before they died. Can I claim?
Probably not under the cohabitee category, which requires two full years of living together as spouse or civil partner immediately before the death. However, you may qualify as a 'dependant' if the deceased was contributing to your financial maintenance.
Does the six-month clock start from the date of death?
No. Section 4 of the Act uses the date when representation is first taken out for the estate, usually the grant of probate or letters of administration. This is not the date of death. The Act also allows an application before representation has been taken out, so you should take advice early rather than waiting for a grant.
What if the estate has already been distributed?
Distribution does not automatically defeat a claim, but it significantly complicates it. Executors who distribute an estate knowing a claim is likely can face personal liability. If the estate has been distributed and you are out of time, you will need the court's permission to proceed and will need to explain both the delay and the distribution. See the Civil Procedure Rules Part 57 for the procedural framework.
How much could I receive if my claim succeeds?
For most claimants (everyone except a surviving spouse or civil partner), the court can only award what is reasonably necessary for your maintenance — not a share of the estate. For a surviving spouse or civil partner, the court applies a higher standard, considering the standard of living enjoyed during the relationship and what a divorce settlement would have looked like.
Do I need a solicitor?
Strongly recommended. Inheritance Act claims are heard in the Chancery Division of the High Court (or county court for lower-value cases) and involve complex legal arguments about financial need, the deceased's obligations, and competing claims. The costs of getting it wrong — or missing the six-month deadline — are high. Citizens Advice has guidance on finding a solicitor , including those who work on a no-win no-fee basis.
Can I claim against an estate in Scotland?
No. The Inheritance (Provision for Family and Dependants) Act 1975 applies only to England and Wales. Scotland has its own system of 'prior rights' and 'legal rights' (known as legitim for children) which provide automatic entitlements regardless of the will. Northern Ireland has equivalent legislation under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979.