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Being left out of a will, or receiving far less than you need, can feel like a betrayal. If you were financially dependent on someone who has died, or you’re a spouse, partner, or child who hasn’t been properly provided for, you may have a legal right to claim from their estate. We’ll help you understand your options and fight for what’s fair.
Get a free, no-obligation chat with our contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
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When someone dies, they’re generally free to leave their estate to whoever they choose. But that freedom isn’t absolute. The Inheritance (Provision for Family and Dependants) Act 1975 exists to protect people who have been left without reasonable financial provision.
If you’ve been excluded from a will entirely, or left with far less than you need, you may be able to make a claim. The same applies if there’s no will at all and the intestacy rules leave you without adequate support.
These claims are time-sensitive. You usually have just six months from the date probate is granted to issue court proceedings. Miss that deadline and you’ll need the court’s permission to proceed, which isn’t always given.
That’s why acting quickly matters. Our contentious probate team has helped many people in your position, whether that’s a spouse left with inadequate provision, a child who has been disinherited, or a partner whose relationship wasn’t recognised in a will.
Think you might have a claim? Call us on 02920 829 100 or use our Contact us form.
An Inheritance Act claim (sometimes called a “1975 Act claim” or “family provision claim”) allows certain people to apply to the court for reasonable financial provision from a deceased person’s estate.
The claim isn’t about whether the will is valid. It’s about whether the outcome, either under the will or the intestacy rules, makes reasonable financial provision for you.
If the court agrees you haven’t been adequately provided for, it can order that you receive:
The court has broad discretion over what to award and how to structure it. Every case turns on its own facts.
Not everyone can bring a claim. The Act sets out specific categories of people who are eligible:
Surviving spouses and civil partners have the strongest claims under the Act. The court will consider what you could reasonably have expected to receive if the marriage or civil partnership had ended in divorce rather than death. This “divorce cross-check” often results in more generous provision than for other claimants.
If you were previously married to or in a civil partnership with the deceased, you can still claim, provided you haven’t remarried or entered a new civil partnership. The court will consider any financial settlement from the divorce and whether further provision is reasonable.
If you lived with the deceased as husband and wife (or civil partners) for at least two years immediately before their death, you’re eligible to claim. This applies to both opposite-sex and same-sex couples. The two-year period must be continuous, though involuntary separations (for work, hospital stays, or care home residence) don’t break it.
All children can claim, including adult children. But adults face a higher bar. The court will want to see a genuine financial need, not just disappointment at being left out. Claims by minor children or those with disabilities tend to be stronger.
If the deceased treated you as their child (for example, stepchildren), you may be able to claim. The key question is whether they took on a parental role and responsibility for your maintenance.
If the deceased was making a substantial contribution to your reasonable needs (other than for full valuable consideration), you may qualify. This could include elderly relatives, friends, or others who depended on the deceased financially.
This is the central question in every Inheritance Act claim. What counts as reasonable depends on who you are.
You’re entitled to whatever provision is reasonable in all the circumstances, not limited to maintenance. The court applies a “divorce cross-check,” considering what you might have received if the marriage had ended in divorce. This often means a substantial share of the estate.
You can only claim what’s required for your reasonable maintenance. This doesn’t mean bare subsistence, but it does mean more than “everything you might want.” The courts have said maintenance means provision to enable you to live “neither at a luxurious nor poverty-stricken level.”
Maintenance can include:
It doesn’t extend to providing capital that will appreciate over time, unless that’s genuinely needed for maintenance purposes.
When deciding whether to make an award, and how much, the court must consider a list of factors set out in Section 3 of the Act:
Financial resources and needs
The deceased’s obligations and responsibilities
The size and nature of the estate
Physical or mental disability
Conduct
Any other relevant matters
For specific categories of claimant, additional factors apply. For spouses, the court considers the duration of the marriage, contributions made, and what would have happened on divorce. For children, it considers how the deceased treated and provided for them during life.
This is critical. You must issue court proceedings within six months of the date probate is granted. Not six months from the death, but six months from the grant of probate or letters of administration.
If you miss this deadline, you’ll need the court’s permission to proceed. Permission isn’t automatic. The court will consider:
Recent cases show courts taking a strict approach. In one case, permission was refused despite the claim being only two months late, because there was no good explanation for the delay. In another, permission was granted 25 years late, but only because of exceptional circumstances.
Don’t rely on being able to extend time. If you think you might have a claim, get advice immediately.
It used to be common practice for parties to agree to “stop the clock” on the six-month deadline while they negotiated. Recent case law has cast doubt on whether these agreements are effective. While the Court of Appeal has said properly evidenced agreements will carry weight, the safest approach is to issue proceedings in time and then ask the court to stay them while negotiations continue.
We’ll discuss your situation, understand your relationship with the deceased, and assess whether you fall into an eligible category. We’ll also review your financial circumstances and needs.
You’ll need to provide detailed information about:
We’ll also need information about the estate and the other beneficiaries.
Before issuing proceedings, we’ll write to the personal representatives and beneficiaries setting out your claim. This letter explains who you are, why you’re entitled to claim, and what provision you’re seeking. Many claims settle at this stage.
Most Inheritance Act claims settle without going to trial. Mediation is often used, where an independent mediator helps the parties find common ground. This can be quicker, cheaper, and less stressful than court proceedings.
If negotiations fail, we’ll issue a Part 8 claim in the court. This includes a detailed witness statement setting out your circumstances, the will and grant of probate, and supporting financial evidence.
The defendant (usually the main beneficiaries) will have an opportunity to respond. If the case doesn’t settle, it will proceed to a hearing where a judge will decide.
If your case goes to trial, both sides will present evidence and the judge will make a decision. The judge has wide discretion over what order to make and can fashion a solution that balances everyone’s interests.
The court’s powers are flexible. It can order:
Lump sum payments A one-off capital payment from the estate.
Periodical payments Regular payments for your maintenance, either for a fixed period or indefinitely.
Transfer of property Transferring ownership of property (like the family home) to you.
Settlement of property Creating a trust over property for your benefit.
Life interest Giving you the right to live in a property for your lifetime, with it reverting to others on your death.
Variation of settlements Changing existing trusts created by the deceased.
The court will consider what form of provision best meets your needs while being fair to the other beneficiaries.
Timelines vary significantly:
If settled quickly through negotiation: 3 to 6 months
If mediation is needed: 6 to 12 months
If court proceedings are required but settle before trial: 12 to 18 months
If the case goes to trial: 18 months to 2 years or more
The complexity of the estate, the number of parties involved, and how contentious matters become all affect the timeline.
Costs depend on the complexity of your case and how far it progresses:
Pre-action correspondence and negotiation: £3,000 to £10,000
Mediation: £5,000 to £15,000 (including preparation)
Court proceedings to settlement: £15,000 to £40,000
Full trial: £40,000 to £100,000+
If your claim succeeds, you can often recover a proportion of your costs from the estate or from the losing party. But this isn’t guaranteed. If you lose, you may be ordered to pay the other side’s costs.
We’ll discuss funding at the outset. Options may include:
We’ll help you understand the costs risks before you commit to anything.
Choosing a law firm is a big decision. You want experts who actually understand your situation, respond when you need them, and give you straight answers. That’s us. We’re one of Wales’ leading commercial law firms, and we do things a little differently.
You won’t be passed through layers of gatekeepers here. When you call, you’ll speak to the solicitor handling your matter. You’ll have their mobile number, their email, and a genuine working relationship. Our clients tell us this makes all the difference.
We don’t work in silos. Our team shares knowledge across departments, jumps in on each other’s projects, and stays close to every case. So if your usual contact is unavailable, someone else can step in quickly, without a formal handover and without missing a beat. Better continuity for you, and faster results.
Devolved decision-making and flexible working hours mean we can move at pace. You’ll get faster responses, even outside regular office hours. Need an urgent answer on a Friday evening? We’re set up for exactly that.
Getting to know our clients properly matters to us. Face-to-face meetings, regular catch-ups, and real effort into building lasting relationships. Plenty of larger firms aren’t prepared to do that. We are.
You’ll always get the full picture from us. Clear options, each with its own risk level, so you can make informed decisions. No sugar-coating, no hedging. Just practical guidance and high-quality legal work at a fair price.
We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level, from trainees right through to partners. This isn’t an add-on or a tick-box exercise. It’s part of who we are. If you need a solicitor who can work fluently in Welsh, you’ll find that expertise right across our team.
1. Free Initial Conversation We’ll talk through your situation, understand your relationship with the deceased, and give you an honest view of whether you have a claim. No obligation, no pressure.
2. Case Assessment If we think you have a claim, we’ll explain the likely process, realistic timelines, and costs. We’ll also discuss funding options.
3. Gathering Evidence We’ll help you put together the financial information and evidence needed to support your claim.
4. Pre-Action Steps We’ll write to the personal representatives and beneficiaries, setting out your claim and attempting to negotiate a settlement.
5. Mediation (If Appropriate) If negotiations stall, mediation often helps parties find common ground without the cost and stress of a trial.
6. Court Proceedings (If Needed) If court action becomes necessary, we’ll handle everything: preparing your evidence, drafting the claim, and representing you through the process.
We believe in being upfront about costs. At your initial consultation, we’ll discuss:
Professional, concise, proactive and efficient. Just what I wanted. My past experience with solicitors, in a professional capacity has not been great, so it has been a refreshing change. Chris Wood
Yes. Being completely excluded from a will doesn’t prevent you from making a claim. In fact, complete exclusion may strengthen your case if you can show you had a reasonable expectation of provision. The key question is whether the will (or intestacy) makes reasonable financial provision for you, not whether you were mentioned in it.
Yes, but adult children face a higher bar than minor children. The Supreme Court made clear in Ilott v Mitson that the Act isn’t a tool for disappointed beneficiaries who simply feel they deserve more. Adult children need to demonstrate a genuine financial need for maintenance. Claims are stronger where there’s disability, limited earning capacity, or particular circumstances that create a moral obligation.
Estrangement doesn’t automatically bar your claim, but it’s a factor the court will consider. The court will look at the reasons for the estrangement, how long it lasted, any attempts at reconciliation, and whose “fault” it was. In Ilott v Mitson, the claimant succeeded despite 26 years of estrangement from her mother, though the award was modest.
You must issue court proceedings within six months of the grant of probate or letters of administration. This is a strict deadline. If you miss it, you’ll need the court’s permission to proceed, which isn’t guaranteed. Don’t assume you can extend time. Get advice immediately if you think you might have a claim.
Yes. The intestacy rules (which govern who inherits when there’s no will) don’t always produce fair results. For example, unmarried partners don’t inherit anything under intestacy, regardless of how long they lived together. If the intestacy rules leave you without reasonable provision, you can make a claim.
If the estate has been distributed before your claim is made, this creates difficulties but doesn’t necessarily prevent a claim. The court can order beneficiaries to return assets or make payments from what they received. If you’re considering a claim, act quickly to prevent distribution, either by lodging a caveat or notifying the personal representatives of your intention to claim.
Every case is different. For spouses, awards can be substantial, sometimes half the estate or more, using the divorce cross-check. For other claimants, awards are limited to what’s needed for reasonable maintenance, which might be housing provision, a lump sum for living costs, or regular payments. The size of the estate and the competing needs of other beneficiaries all affect what’s achievable.
No. The vast majority settle through negotiation or mediation before trial. Court proceedings are usually issued to protect the time limit, but the case then settles during the litigation process. Going to trial is expensive and stressful for everyone, so there’s strong incentive to find a negotiated solution.
If your claim is unsuccessful, you won’t receive any provision from the estate. You may also be ordered to pay the defendant’s legal costs, though the court has discretion over costs. This is why it’s important to get a realistic assessment of your prospects before committing to litigation.
Executors have a duty to all beneficiaries and should remain neutral in disputes. They shouldn’t “actively defend” claims. It’s for the main beneficiaries (whose inheritance is at risk) to defend the claim. Executors can provide information and facilitate settlement discussions without taking sides.
The Act contains anti-avoidance provisions. If the deceased made gifts within six years of their death with the intention of defeating a potential claim, the court can order those gifts to be brought back into the estate. This includes gifts to family members, transfers into trust, and other arrangements designed to deplete the estate.
Yes. You might argue that the will is invalid (for example, due to lack of capacity or undue influence) and, in the alternative, that even if the will is valid, it doesn’t make reasonable provision for you. The claims are different but can run alongside each other.
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If you’ve been left without reasonable provision from someone’s estate, time is critical. The six-month deadline doesn’t wait. We’ll give you an honest assessment of your options and help you take the right steps to protect your interests.
Get a free, no-obligation chat with our contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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