When a loved one passes away, their will is intended to reflect their final wishes. However, in some cases, those left behind may find themselves excluded or inadequately provided for. The Inheritance (Provision for Family and Dependants) Act 1975 offers a legal route for certain individuals to claim reasonable financial provision from the estate. But how successful are these claims in practice?
At Blackstone Solicitors, we specialise in contentious probate and inheritance disputes across England and Wales. We advise both claimants and executors on the merits, risks, and outcomes of Inheritance Act claims. This article explores the factors that influence success, the types of claims most likely to succeed, and how our expert team can help you navigate this complex area of law.
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For a free initial discussion on how we can help you deal with the legal implications of inheritance act claims, get in touch with us today. We are also experienced in dealing with all aspects of Wills, Probate and inheritance disputes and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Is an Inheritance Act Claim?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to apply to the court for financial provision from the estate of a deceased person. This applies whether the deceased died with a will or intestate (without a will).
The Act does not challenge the validity of the will itself. Instead, it provides a mechanism for claimants to argue that the distribution of the estate fails to meet their financial needs or reflect the deceased’s obligations.
Who Can Make a Claim?
The Act sets out a defined list of eligible claimants:
- Spouses or civil partners
- Former spouses or civil partners (if not remarried)
- Cohabiting partners (living with the deceased for at least two years)
- Children (including adult children)
- Stepchildren treated as children of the family
- Individuals financially maintained by the deceased
Each category has its own criteria and considerations. For example, spouses are entitled to provision that is reasonable in all circumstances, while other claimants must show that the provision is reasonable for their maintenance.
What Does “Success” Look Like?
Success in an Inheritance Act claim does not necessarily mean receiving a large share of the estate. It means securing provision that the court considers reasonable in the circumstances. This may include:
- A lump sum payment
- Regular maintenance payments
- Transfer of property
- Variation of the will’s terms
The court has wide discretion and will tailor its decision to the claimant’s needs, the size of the estate, and the interests of other beneficiaries.
Factors That Influence Success
Several key factors affect the likelihood of success in an Inheritance Act claim:
- Financial Need
The claimant must demonstrate financial need or hardship. This includes:
- Income and expenditure
- Housing needs
- Health and care costs
- Dependants and family responsibilities
Claimants with limited resources and genuine need are more likely to succeed.
- Relationship with the Deceased
The nature and closeness of the relationship is critical. Courts will consider:
- Length and stability of cohabitation
- Parental responsibilities and support
- Emotional and financial dependency
- Any promises or expectations created by the deceased
A strong, well-documented relationship enhances the chances of success.
- Size and Nature of the Estate
The court must balance the claimant’s needs against the resources available. A modest estate may limit the scope of provision, while a larger estate may support more generous awards.
The composition of the estate—such as property, investments, or business interests—also affects what provision is practical.
- Competing Claims
If other beneficiaries or dependants have legitimate claims, the court must weigh their interests. This includes:
- Spouses or children of the deceased
- Individuals with disabilities or special needs
- Beneficiaries named in the will
The presence of competing claims may reduce the amount awarded or lead to negotiated settlements.
- Conduct and Circumstances
The court may consider the conduct of the claimant and other parties, including:
- Any estrangement or breakdown in relationship
- Contributions made to the deceased’s welfare or estate
- The claimant’s expectations and reliance
- Any misconduct or unreasonable behaviour
While conduct is not determinative, it can influence the court’s discretion.
Success Rates in Practice
Inheritance Act claims are relatively common, and many are resolved without going to trial. Success rates vary depending on the type of claimant and the strength of the case.
- Spouses and civil partners have the highest success rate, due to their entitlement to provision beyond mere maintenance
- Adult children succeed less frequently, especially if they are financially independent
- Cohabiting partners and dependants often succeed if they can demonstrate genuine need and reliance
- Former spouses must show that provision is justified despite the end of the relationship
Many claims are settled through negotiation or mediation, resulting in agreed provision without a court ruling. This can be quicker, less costly, and more flexible than litigation.
Time Limits and Procedure
Inheritance Act claims must be made within six months of the grant of probate or letters of administration. Late claims may be allowed in exceptional circumstances, but delay can significantly reduce the chances of success.
The process typically involves:
- Initial legal advice and assessment
- Pre-action correspondence and disclosure
- Mediation or alternative dispute resolution
- Court proceedings if settlement cannot be reached
At Blackstone Solicitors, we guide clients through each stage, ensuring their case is presented clearly and persuasively.
Risks and Costs
While many claims succeed, there are risks to consider:
- Legal costs, which may be awarded against the losing party
- Emotional strain and family conflict
- Uncertain outcomes, especially in borderline cases
- Delay in administering the estate
We provide transparent advice on costs, funding options, and risk management to help clients make informed decisions.
How Blackstone Solicitors Can Help
Our inheritance dispute team offers:
- Expert assessment of your claim’s strengths and weaknesses
- Strategic advice on evidence, negotiation, and litigation
- Representation in mediation and court proceedings
- Support for executors and beneficiaries defending claims
- Clear guidance on costs, timelines, and outcomes
Whether you are making or defending an Inheritance Act claim, we provide professional, empathetic support throughout.
Conclusion
Inheritance Act claims can be successful, but they require careful preparation, strong evidence, and expert legal representation. Whether you are a spouse, child, partner, or dependant, your chances of success depend on your financial needs, relationship with the deceased, and the overall context of the estate.
At Blackstone Solicitors, we help clients across England and Wales pursue or defend Inheritance Act claims with clarity, confidence, and compassion. If you are considering a claim, contact our team today for tailored advice and trusted support.
How we can help
We have a proven track-record of helping clients deal with inheritance act claims. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. (or whether) to incorporate, what kind of ownership
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of an inheritance act claim. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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