Claims under the Inheritance (Provision for Family & Dependants) Act 1975

What is a claim under the Inheritance (Provision for Family & Dependants) Act 1975?

The Inheritance (Provision for Family & Dependants) Act 1975 allows for certain individuals to bring a claim against an estate for reasonable financial provision if they feel that they have not been adequately provided for by a will or intestacy. The deceased must have been domiciled in England and/or Wales and as such, different rules apply if the deceased was domiciled in Scotland, Northern Ireland, the Republic of Ireland, the Isle of Man or the Channel Islands. 

When the Court decides whether to make an award under the 1975 Act, they will consider the following factors:

• the financial needs and resources of the applicant, both now and in the foreseeable future;
• the financial needs and resources of any other applicant, both now and in the foreseeable future; 
• the financial needs and resources of any beneficiary of the estate, both now and in the foreseeable future;
• any obligations and responsibilities that the deceased had towards any applicant or any beneficiary of the estate;
• the size and nature of the estate;
• any physical or mental disability of any applicant or beneficiary;
• any other conduct.

If a claim under the Inheritance (Provision for Family & Dependants) Act 1975 is made by a spouse or civil partner, the court will also consider the age of the applicant, the duration of the marriage / civil partnership and the contribution made by the applicant to the welfare of the family.

Who can bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975?

To bring a claim under the 1975 Act, you must fall into one of the following categories:

• the spouse or civil partner of the deceased
• the former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a subsequent civil partnership)
• a person who, for the two years before the death, was living with the deceased as if they were a spouse or civil partner
• a child of the deceased
• a person who was treated as a child of the family by the deceased
• any other person who was being maintained, wholly or partly, by the deceased immediately before their death.

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What is reasonable financial provision?

For all applicants, other than a spouse or civil partner, the court will look at what would be reasonable financial provision for the applicant’s maintenance. In the context of the Inheritance (Provision for Family & Dependants) Act 1975, ‘maintenance’ refers to the financial provision required by a person to meet their reasonable living expenses. It should not enable them to live a luxurious lifestyle but nor should they suffer poverty. 

For spouses and civil partners, an award for reasonable financial provision is not limited to maintenance but will be based on what is reasonable in “all the circumstances” for the applicant to receive. In such claims the court may also look at what may have been awarded to the applicant if the marriage/civil partnership had ended by divorce rather than death of one of the parties – this is known as the deemed divorce principle.

Is there a time limit for bringing a claim under the Inheritance (Provision for Family & Dependants) Act 1975?

Court proceedings must be issued within 6 months of the date of the Grant of Probate. It is therefore important to seek legal advice and act quickly in order to meet this deadline. 

It may still be possible to bring a claim after this 6 month deadline, but you will have to ask for the Court’s permission to bring a claim out of time and provide good reason for the delay in making the claim. Again, it is important to seek legal advice promptly for assistance with this.