In recent years, the cost of living crisis has placed significant financial pressure on individuals and families across England and Wales. Rising energy bills, increased housing costs, and higher everyday expenses have reshaped what it means to meet basic financial needs.
This shift has had a direct impact on claims brought under the Inheritance Provision for Family and Dependants Act 1975. In particular, the concept of “maintenance” is being viewed through a more realistic and contemporary lens by the courts.
For those considering a claim, or responding to one, it is essential to understand how changing economic conditions may influence the outcome. This article explores how the cost of living crisis is affecting maintenance based claims and what this means in practice.
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What Is a Maintenance Claim?
Under the 1975 Act, certain individuals can apply to the court for reasonable financial provision from a deceased person’s estate.
For most applicants, including children, cohabiting partners, and dependants, this provision is limited to what is necessary for their maintenance.
Maintenance generally refers to the financial support required to meet day to day living expenses. It is not intended to provide a windfall or enable a claimant to accumulate wealth.
However, what qualifies as “reasonable” maintenance is not fixed. It depends on individual circumstances, and increasingly, on broader economic realities.
The Changing Economic Landscape
The cost of living crisis has affected nearly every aspect of household expenditure.
Energy prices have fluctuated significantly. Rent and mortgage payments have increased. Food and transport costs have also risen, placing pressure on even those who were previously financially stable.
As a result, many individuals now face financial challenges that would not have arisen a few years ago.
For the courts, this means that the baseline for assessing financial need has shifted. What may once have been considered sufficient income may no longer meet basic living requirements.
How Courts Approach Maintenance in Today’s Climate
The courts retain a broad discretion when assessing maintenance claims, but they must consider the realities of the claimant’s financial situation.
A More Realistic View of Living Costs
Judges are increasingly aware of the rising cost of essentials.
When assessing a claimant’s needs, the court will consider current expenditure rather than relying on outdated assumptions. This includes higher utility bills, increased housing costs, and general inflation.
As a result, maintenance awards may be adjusted to reflect these increased pressures.
Greater Scrutiny of Financial Evidence
While the courts recognise rising costs, they also expect detailed evidence.
Claimants must provide clear and accurate information about their income, outgoings, and financial commitments. This includes demonstrating how the cost of living has affected their ability to meet basic needs.
General assertions are unlikely to be sufficient. The court will look for specific figures and supporting documentation.
Balancing Competing Interests
The cost of living crisis does not affect claimants alone. Beneficiaries of the estate may also be facing financial pressures.
The court must balance these competing interests carefully. An increase in the claimant’s needs does not automatically justify a larger award if it would unfairly prejudice others.
This balancing exercise is central to the court’s decision making process.
The Impact on Different Types of Claimants
The effect of the cost of living crisis can vary depending on the category of claimant.
Adult Children
Adult children bringing claims for maintenance may find that increased living costs strengthen their case, particularly if they are struggling financially.
However, the requirement to demonstrate genuine need remains unchanged. Financial independence will still be a significant factor.
The court will consider whether the rising cost of living has created or exacerbated financial difficulties.
Cohabiting Partners
For cohabiting partners, the loss of shared household expenses can be particularly significant.
If the deceased contributed to rent, mortgage payments, or utilities, the surviving partner may face a sudden and substantial increase in outgoings.
The cost of living crisis can amplify this impact, making it more difficult for the claimant to maintain their standard of living.
Dependants
Dependants are often the most directly affected.
Where a claimant relied on the deceased for regular financial support, rising costs can make that support even more critical.
The court is likely to take a sympathetic view where there is clear evidence of dependency and financial hardship.
Housing and Maintenance Claims
Housing is often one of the largest components of a maintenance claim.
In the current economic climate, this issue has become even more prominent.
Rising property prices and rental costs mean that securing suitable accommodation may require a larger award than in previous years.
In some cases, the court may consider providing a lump sum to enable the claimant to obtain housing, rather than relying on ongoing payments.
Each case will depend on its specific circumstances, including the size of the estate and the claimant’s needs.
Evidence in the Context of Rising Costs
The importance of evidence cannot be overstated.
Claimants should be prepared to provide detailed financial information, including:
- Monthly income and expenditure
- Utility bills and housing costs
- Debt obligations
- Evidence of changes in financial circumstances
Where possible, comparisons between past and current expenses can be helpful in demonstrating the impact of rising costs.
Clear, organised evidence can significantly strengthen a claim.
Time Limits Still Apply
Despite the changing economic landscape, the procedural rules remain the same.
A claim under the 1975 Act must generally be issued within six months of the grant of probate or letters of administration.
The cost of living crisis does not extend this deadline. Delays can still be fatal to a claim.
It is therefore essential to act promptly, even where financial circumstances are evolving.
Practical Considerations for Claimants and Executors
Both claimants and executors should approach maintenance claims with care.
Claimants should ensure that their financial needs are clearly documented and supported by evidence.
Executors should be mindful of the potential for increased claims due to economic pressures and take appropriate advice before distributing the estate.
In many cases, early negotiation can help resolve disputes without the need for court proceedings.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we advise clients across England and Wales on claims under the Inheritance Provision for Family and Dependants Act 1975.
We understand that the cost of living crisis has created new challenges for individuals seeking financial provision.
Our team provides practical, tailored advice, helping clients present strong, evidence based claims and navigate complex disputes.
Whether you are bringing a claim or responding to one, we are here to support you at every stage.
Conclusion
The cost of living crisis has reshaped the financial landscape and influenced how maintenance claims are assessed.
While the legal principles remain unchanged, the courts are increasingly mindful of rising costs and their impact on claimants’ needs.
For those seeking reasonable financial provision, this can provide a stronger foundation for demonstrating financial hardship.
However, success still depends on clear evidence, careful preparation, and timely action.
If you believe you may have a claim, understanding how current economic conditions affect your position is essential. Early legal advice can help you navigate this evolving area and achieve a fair outcome.
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https://blackstonesolicitorsltd.co.uk/wills-and-inheritance-disputes/
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Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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