The Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the Inheritance Act, allows certain people to apply to the Court for reasonable financial provision from the estate of someone who has died, if that provision has not been made for them in the Will or under the rules of intestacy.
While individuals are generally free to leave their estate as they wish, the law recognises that, in some circumstances, this freedom may result in unfairness, particularly where someone was financially dependent on the deceased or shared a close family relationship. The Inheritance Act provides a vital legal safety net for those who have been left in financial difficulty following a death.
An Inheritance Act claim does not seek to challenge the validity of the Will itself. Instead, it allows the Court to adjust the distribution of the estate to ensure that reasonable provision is made for the applicant, based on their financial needs and the circumstances of the case. At Flint Bishop, we advise clients on both sides of Inheritance Act claims, whether you are bringing a claim for greater provision, or defending an estate against one. Our team provides clear, compassionate advice from the outset, helping you understand your rights and what outcomes may be realistically achieved.
Common scenarios where Inheritance Act claims arise
Inheritance Act claims can arise in many different family structures and life circumstances. While each case is unique, certain patterns frequently appear. Understanding these can help you assess whether a claim may be appropriate.
Inheritance disputes often arise where a person has been financially dependent on the deceased, but the Will or intestacy rules leave them with nothing or too little. For example, a long-term partner may find themselves excluded entirely from the estate, even after decades of living together. Similarly, adult children who were receiving regular support may be left without adequate provision due to strained relationships or the influence of new partners.
We also see claims involving second families, where a Will favours children from a new relationship while excluding a former spouse or adult children from a previous marriage. In some cases, carers or close friends who provided significant support may find themselves unfairly left out despite the deceased having taken steps to help them in life. Whatever the background, if the lack of provision leaves you in financial need, the Inheritance Act may offer a route to redress. Our solicitors will assess your position in full and advise you clearly on the prospects of success.
