Challenging an Estate: what justifies an Inheritance Act claim?

February 3, 2026

Challenging an Estate: what justifies an Inheritance Act claim?

---

By Tiegan James

Read time: 3 minutes

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 is typically a claim for financial support, and is a request for the executors of the estate to recognise the deceased’s obligations and make reasonable financial provisions, if the claimant considers the provisions to be unreasonable or overlooked.

Our expert, Tiegan, covers who can bring a claim, what can be claimed, and the key factors the court will consider when determining whether reasonable financial provision has been made.

Who can claim?

The Act entitles a specific set of individuals to bring a claim, including:

• The spouse or civil partner of the deceased;
• A former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;
• A child of the deceased;
• Any person treated by the deceased as a child of the family;
• Any person who immediately before the death of the deceased was being financially maintained, either wholly or partly, by the deceased; A person living in the same household of the deceased (cohabitants), as if that person and the deceased were a married couple or civil partners for at least two years prior to the deceased’s death.

What can be claimed?

The nature and extent of any award will ultimately depend on the claimant’s relationship with the deceased.

A spouse or civil partner of the deceased can claim for what is reasonable for them to receive, whether or not it is for their maintenance. The court will consider the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died, the marriage, instead of being terminated by death, had been terminated by a divorce order.

For all other potential claims, the standard is “such reasonable provision as it would be reasonable in all circumstances of the case for the applicant to receive for their maintenance”.

Maintenance has been defined by the courts as what it would be reasonable for that claimant to live on, at neither a luxurious, nor poverty-stricken level.

An award may take a variety of forms, including:

• An absolute capital sum
• Income by regular payments
• Deferred payments
• An amount settled on trust
• Variation of an ante-nuptial or post-nuptial settlement
• Option to purchase an asset of the estate

The exact award will be highly dependent on all circumstances of the case and nature of the estate.

What factors will the court consider?

There are numerous factors the court will have regard to when deciding what is reasonable financial provision and what should be awarded.

These include:

• The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
• The size and nature of the net estate of the deceased;
• Any physical or mental disability of any applicant for an order or any beneficiary of the estate of the deceased;
• The conduct of the applicant or any other person;
• The age of the applicant and duration of the marriage (if applicable);
• The contribution made by the applicant to the welfare of the family of the deceased, including any contribution made by looking after the home or caring for the family.

Bringing a claim

Inheritance (Provision for Family and Dependants) Act 1975 claims are subject to a strict limitation period. Proceedings must usually be issued within six months of the Grant of Probate, so it is important to seek legal advice as soon as possible if you believe you have a claim.

While this is a strict deadline, the courts may grant permission to bring a claim late, though compelling justification for the delay is required.

If you think you have a claim and would like to speak with one of our probate litigation specialists, get in touch on 02020 829 100 or via our contact form to see how we can support you.