Who can claim under the Inheritance (Provision for Family and Dependants) Act 1975, the 6-month deadline, the two financial provision standards, and how most cases settle without going to trial.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 16 min.
Yes. The Inheritance Act 1975 applies whether the deceased left a will or died intestate. If the intestacy rules result in you receiving nothing — or less than you need for reasonable maintenance — you can still apply to the court for provision from the estate.
Yes, if you were living with the deceased as if you were a spouse or civil partner for the two years immediately before their death. This is sometimes called a cohabitee claim. The standard of provision is maintenance — not the higher standard that applies to surviving spouses — but the court has wide discretion and will consider your financial needs, the length of the relationship, and any contributions you made to the household.
Possibly. Adult children can claim under the Act, but the standard is maintenance — not an equal share. The court will look at your financial needs and resources, any obligations your father had towards you, and the size of the estate. Ilott v The Blue Cross [2017] UKSC 17 confirmed that adult children can succeed, but also that the court will not simply redistribute an estate because a child feels hard done by. You need to show genuine financial need.
You can apply to the court for permission to bring a late claim, but the court has discretion whether to grant it. The court will consider why the claim was not brought in time, whether the estate has already been distributed, and the strength of the claim. Late permission is not routinely granted — if you have missed the deadline, you should seek legal advice urgently.
You can write to the executor putting them on notice of a potential claim and asking them not to distribute the estate. Before a grant is issued, a standing search can alert you when representation is taken out, and a caveat may delay the grant if there is a genuine probate dispute. A caveat is not a substitute for issuing an Inheritance Act claim, and it should not be used just to put pressure on beneficiaries. Get advice before using one.
The Act only applies to estates of people who were domiciled in England and Wales at the date of death. If the deceased was domiciled abroad — even if they owned property in England — the Act does not apply. Domicile is a complex legal concept and is not the same as residence or nationality. If there is any doubt about domicile, you should take specialist advice.