Inheritance Act Claims

If you have been left without reasonable financial provision from an estate, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

These claims often arise at an emotionally difficult time and can involve close family members. Our specialist Private Wealth Disputes team provides clear, compassionate and practical advice to help you understand your rights and take appropriate action.

What is an Inheritance Act claim?

An Inheritance Act claim allows certain people to apply to the court for financial provision from an estate where the will (or intestacy rules) fail to make reasonable provision for them.

The court’s focus is on fairness and financial need, taking into account the circumstances of both the claimant and the estate.

When might an Inheritance Act claim arise?

These claims commonly arise where:

a spouse or civil partner has been left insufficient provision
a long-term partner was excluded entirely
an adult child was financially dependent on the deceased
a child has special needs or vulnerabilities
the deceased promised support that was not reflected in the will
there is no will and the intestacy rules produce an unfair result

What can the court award?

The court has wide discretion and may order:

a lump sum payment
regular maintenance payments
transfer of property
provision for housing
variation of existing trusts

The outcome will depend on the claimant’s needs, the size of the estate and competing claims.

Time limits for Inheritance Act claims

Inheritance Act claims are subject to strict time limits. In most cases, a claim must be issued within six months of the grant of probate or letters of administration.

Extensions are possible but should never be relied upon.

How we help with Inheritance Act claims

We advise on:

whether you are eligible to bring a claim
the strength and value of your claim
urgent steps to protect your position
negotiation and mediation
issuing and defending court proceedings

Our approach is pragmatic and focused on achieving a fair outcome as efficiently as possible.

Costs and funding

We provide clear advice on costs and funding options from the outset. Depending on the circumstances, we may be able to offer flexible funding arrangements.

Why choose Hugh James?

Clients choose us for our:

specialist expertise in Inheritance Act claims
experience in high-value and complex estates
sensitive handling of family disputes
strong track record of negotiated settlements
robust representation where court action is required

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Recent experience

Advised a claimant in an Inheritance (Provision for Family and Dependants) Act 1975 claim against a significant estate where there was a clear failure to provide reasonable financial provision for a long-term partner.
Secured favourable financial provision for an adult child from an estate with significant foreign assets, balancing competing needs in negotiation.
Assisted a client in negotiating a settlement under the Inheritance Act to avoid protracted court action and associated costs.

Inheritance Act claims