Can preparing a Will help to avoid a claim against my estate?
A professionally prepared Will can play a key role in reducing the risk of disputes, inheritance disputes and estate claims against your estate.
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Inheritance Act claims are an effective legal process for those unfairly excluded from a Will, or left with too little to meet their need after a loved one passes away. If you believe that the Will or intestacy has failed to make reasonable financial provision for you, you may be entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
At Flint Bishop, we understand how difficult it is to consider an Inheritance Act claim during a period of bereavement. Our experienced inheritance dispute solicitors are here to guide you with sensitivity, clarity, and legal precision. With offices in Derby, Leeds, Sheffield, and York, we are trusted by individuals and families throughout England and Wales to resolve financial provision claims as part of Inheritance Act claims.
Whether you are seeking to claim additional provision from an estate, or defending an Inheritance Act claim brought against your inheritance, our specialist inheritance dispute solicitors will provide strategic advice and determined representation tailored to your circumstances. To speak to one of our specialist Inheritance Act claims solicitors in confidence, call us today or complete the enquiry form.
Want to speak to us now? Call us on 0330 123 9501.
Inheritance Act claims
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.
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.
Inheritance act claims
If the court agrees that reasonable financial provision has not been made, it has wide powers to vary the distribution of the estate. The type of award made will depend on the claimant’s needs, the nature of the estate, and the facts of the case.
Common outcomes include:
Our role is to help you understand what is realistic in your case and pursue an outcome that meets your needs both now and in the future. We are experienced in negotiating settlements and securing court orders that reflect our clients’ true financial position.
Inheritance Act claims
At Flint Bishop, our team of wills, trusts and estates disputes solicitors is widely recognised for its technical expertise and empathetic client care. We have a strong track record of successfully representing spouses, cohabitees, children, dependants, and estate representatives in a wide range of claims under the Inheritance Act.
Several of our solicitors are accredited by the Association of Contentious Trust and Probate Solicitors (ACTAPS) and regularly act in high-value and sensitive disputes across the country.
We are known for achieving early, cost-effective outcomes through negotiation and mediation, but we are equally prepared to litigate complex cases to trial where needed. Our aim is always to protect your interests while minimising conflict and stress. Choosing Flint Bishop means choosing a firm that combines legal excellence with practical understanding. We are here to support you from the very first conversation through to resolution, whether inside or outside of court.
Inheritance act claims
At Flint Bishop, we recognise that Inheritance Act claims often arise at a time of deep personal loss and heightened family tension. Our role is to reduce the stress and uncertainty for you by providing calm, decisive legal guidance at every stage of your case.
Inheritance Dispute Solicitors – Free Initial Advice
Alongside Inheritance Act claims, our team also handles a wide range of inheritance disputes, including challenges to the validity of a will, disputes between executors, financial abuse concerns, and disagreements over the distribution of an estate.
If you are searching for an inheritance dispute solicitor or inheritance dispute lawyer, we can provide fast, clear guidance on your rights and whether you have grounds to bring a claim.
Many inheritance disputes arise where the will is valid but fails to make reasonable financial provision for a spouse, partner, child or dependant. Our inheritance dispute solicitors assess your eligibility under the 1975 Act, explain your options, and guide you through negotiation or court proceedings if needed.
Although many inheritance disputes fall under the Inheritance (Provision for Family and Dependants) Act 1975, some arise from wider concerns such as unfair distribution, dependency, estrangement, or disputes between beneficiaries.
Flint Bishop’s inheritance dispute solicitors regularly advise clients who believe:
Our team handles both Inheritance Act claims and broader inheritance disputes, offering clear early advice, negotiation, mediation, and litigation support where required.
If you are searching for an inheritance dispute solicitor or need help understanding whether you have grounds for a claim, we can assess your position during a free initial consultation.
Frequently Asked Questions
Only a certain category of people can make a claim under the Inheritance (Provision for Family and Dependents) Act 1975. These people include:
Any other person who was being maintained, wholly or partly, by the deceased immediately before their death.
It depends on your relationship with the deceased. A spouse or civil partner is entitled to what is reasonable in all the circumstances, often reflecting the standard of living they had during the relationship. Others, such as adult children or cohabitees, are entitled only to what is reasonably necessary for their maintenance.
Yes. If the deceased died intestate (without a valid Will), and you are eligible under the Inheritance Act but the distribution of the estate leaves you without reasonable provision, you can still bring a claim.
The court will assess your financial needs and resources, the size and nature of the estate, the needs of other beneficiaries or claimants, the nature of your relationship with the deceased, and any obligations or responsibilities the deceased had towards you.
You must issue your claim within six months of the Grant of Probate or Letters of Administration. In some exceptional cases, the court may allow late claims, but there must be strong reasons for the delay and any application should be made as soon as possible.
Most Inheritance Act claims settle without the need for a trial. Mediation and negotiated settlements are often effective, particularly when handled early. However, if an agreement cannot be reached, we are fully equipped to represent you in court and pursue the best outcome.
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Inheritance Act claims can be deeply personal and legally intricate. Whether you are seeking to secure financial provision from a loved one’s estate or need to protect your position as a beneficiary or executor, expert legal advice is essential.
At Flint Bishop, we provide practical, compassionate, and results-driven advice tailored to your individual circumstances. We understand the emotional and financial pressure that often accompanies inheritance disputes, and our priority is to resolve your matter as swiftly and sensitively as possible.
Flint Bishop is a Top 200 UK law firm. We have highly experienced solicitors based in Derby, Leeds, Sheffield, and York, serving clients in Inheritance Act Claims in Ashbourne, Bradford, Hull, Manchester, Nottingham, London and across England and Wales. Our team is also experienced in representing international clients involved in UK inheritance disputes, with a strong track record in handling high-value claims.
To arrange a confidential consultation with one of our specialist Inheritance Act solicitors, call us, or complete the enquiry form below. We will respond promptly and are here to help you take the next step.
On Monday 29 September, Flint Bishop successfully completed the acquisition of the entire business of Lupton Fawcett LLP. You have been forwarded to the page most relevant to your visit.
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