One common reason for contesting an estate is that the deceased failed to make “reasonable financial provision” for a loved one.
The Inheritance (Provision for Family and Dependants) Act 1975 (often called the Inheritance Act) allows certain individuals to claim financial provision from a deceased person’s estate if the Will (or the intestacy rules) did not leave them adequate support. This can apply even if the deceased made some provision for them but it was not enough for their needs, or if they were left out of the will entirely. (Note: the Act only applies if the deceased died domiciled in England and Wales, regardless of whether there was a Will or not.)
Who can claim under the Inheritance Act?
Only specific categories of people are eligible to bring a claim for “reasonable financial provision”. These include:
- The spouse or civil partner of the deceased.
- A former spouse or former civil partner of the deceased (as long as they have not remarried or entered into a new civil partnership).
- A child of the deceased (including adult children and adopted children).
- A person treated by the deceased as a “child of the family.” This can include step-children or others for whom the deceased assumed a parental role – it no longer matters whether the child’s parents were married to each other.
- A person who was financially maintained by the deceased (wholly or partly) immediately before death.
- A cohabitee (unmarried partner) who lived with the deceased in the same household as if they were a spouse or civil partner for at least the two years immediately before the death.
Note: An individual may fit into more than one category – for example, a cohabiting partner might also have been financially maintained by the deceased.
Time limits for making a claim
It is extremely important to act quickly. Claims under the Inheritance Act must normally be made within 6 months from the date of the Grant of Probate or Grant of Letters of Administration.
If that 6-month deadline has passed, the claimant will need the court’s permission to file a late claim. The court does have discretion to allow out-of-time claims, but such permission is only granted in exceptional cases with good reason. In other words, you should not rely on getting an extension – delays can be fatal to a claim.
(For instance, in one unusual case a widow was allowed to bring a claim almost 26 years out of time, due to very compelling circumstances. However, this was unprecedented, and most late claims are not allowed. The safest course is always to issue proceedings within the six-month time limit.)
Will my claim succeed?
Whether an Inheritance Act claim will succeed depends on the facts of each case. In England and Wales, there is no general legal duty for a parent to leave an inheritance to their adult children. (This contrasts with Scotland, where children – and a surviving spouse – have legal rights to a fixed share of a parent’s moveable estate, i.e. money and other personal property, regardless of the Will.)
This means that if a parent in England or Wales leaves nothing (or very little) to an adult child, that child is not automatically entitled to receive anything. An adult child can bring a claim, but any award is limited to what is reasonable for their “maintenance,” rather than an entitlement to a portion of the estate as such. In other words, the court will only award a sum to meet the person’s financial needs (everyday living expenses or perhaps housing), not a windfall or share of the estate beyond their needs.
For example, in Ames v Jones (2016) an adult daughter’s claim was unsuccessful – the court found that her unemployed status was essentially a “lifestyle choice,” and that she had not proven a real need that her late father’s estate should meet. The father’s decision to leave his estate to his long-term second wife (the claimant’s stepmother) was deemed reasonable given that the daughter was capable of working to support herself. This case illustrates that an adult child who is financially independent (or could be independent through work) may fail to establish that the will left them without reasonable provision.
On the other hand, a poor relationship or estrangement with the deceased is not an automatic bar to a claim. What matters is the claimant’s economic need and the circumstances. A notable example is Ilott v Blue Cross (2017), where an estranged adult daughter – who had been deliberately left out of her mother’s will – still received an award of £50,000 from the estate. In that case, the mother had left her entire estate to charity and made no provision for her only child, from whom she’d been estranged for many years. The daughter was in very straitened financial circumstances, so the court decided it was reasonable to make a modest provision for her maintenance, despite the long estrangement.
The Supreme Court emphasised that the purpose of the Act in such adult child claims is to provide maintenance support, not to rewrite the will or confer large capital sums as an inheritance. Estrangement and the deceased’s wishes are factors the court will consider, but they do not automatically defeat a claim if the claimant’s need for maintenance is clear.
Each case “turns on its own facts”.
When deciding a claim, the court will weigh all the statutory factors – including the financial needs and resources of the claimant and other beneficiaries, the size of the estate, any disabilities or obligations, and even any express wishes of the deceased.
The outcome will depend on a careful assessment of those factors in light of the particular family situation.
Jennifer Wiss-Carline is a practising Solicitor regulated by the SRA and a Chartered Legal Executive (FCILEx), bringing over two decades of experience to her practice. Specialising primarily in Private Client law, Jennifer expertly handles matters including Wills, Inheritance Tax and Estate planning, Lasting Powers of Attorney for individuals and businesses, Deputyship Orders and more.
