October 28, 2025
reading time: 4 min
The Inheritance Act 1975 claims and implications from the perspective of spouses, family members and the testator
October 28, 2025
reading time: 4 min
The Inheritance Act 1975 claims and implications from the perspective of spouses, family members and the testator
One of the legal acts that comes into play when we talk about Will writing and estate planning in complex family situations, or where there could be grounds to challenge a Will, is called The Inheritance (Provision for Family and Dependants) Act 1975. Widely known as The Inheritance Act 1975. This Act has often been subject to interpretation and, at times, misrepresentation of its meaning. In this article, we consider this Act from different angles:
- from the perspective of family members, close relatives or spouses who wish to challenge a Will.
- and from the perspective of a testator who is drafting a Will and would like to exclude or limit provision to a spouse or children. We also cover what could be done to secure the testator’s wishes in a Will and minimise the risk of a challenge through the courts.
Listed below are some of the most frequent questions we hear from clients in relation to Wills and the Inheritance (Provision for Family and Dependants) Act 1975:
Is it possible to challenge my Will?
It is crucially important to understand what a person means when asking this question. Are they questioning the probability that someone will make a court claim against his/her Will, or are they rather questioning whether a claim could be successful should they take it to court? Distinguishing between these two questions is key. If we are talking about court claims against a Will – any person who falls within the specific categories defined by Section 1 of the Inheritance Act 1975 i.e. a spouse or civil partner of the deceased, a former spouse or former civil partner of the deceased, a child of the deceased, any person who, immediately before the death of the deceased, was being maintained, either wholly or partially by the deceased, can make a claim. At the same time if a spouse or a child has been excluded from the Will, the probability that a court will satisfy the claim in some cases can be significant. The court will closely scrutinise the circumstances under section 3 of the Act, such as the claimant’s financial needs, obligations and the size of the estate.
“Yes, but these are my wishes. How is it possible that a court would not take them into consideration?” we are frequently asked.
We do understand that it can be frustrating and confusing. The reality is that in the court, the contesting party will put forward their case and it will be the judge’s duty to interpret the intentions and reasons on behalf of the testator, as they are no longer alive and able to explain them themselves. It is for this reason that we strongly recommend that in complex family situations a Will should only be drawn up with the support of a solicitor or a professional Will writer who can assess your situation and propose a solution that protects your wishes.
In this article:
- We will examine the most frequently asked testator’s questions in relation to The Inheritance (Provision for Family and Dependants) Act 1975
- The most frequent questions from potential claimants
Who Can Make a Claim?
Under the Inheritance Act 1975, the following individuals can potentially make a claim:
- Spouse or civil partner: The surviving husband, wife, or civil partner of the deceased.
- Former spouse or civil partner: If they have not remarried or entered into a new civil partnership.
- Cohabitants: Someone who lived with the deceased as if they were a spouse or civil partner for at least two years immediately before the death.
- Children: This includes biological, adopted and sometimes stepchildren.
- Other dependants: Individuals who were financially maintained by the deceased prior to their death.
Do financially independent adult children still have a right to claim?
Yes, adult children can make a claim against a Will, even if they are financially independent. The Act does not give any claimant an automatic right to a share in the deceased’s estate. It makes ‘reasonable financial provision’ for a person who was financially dependent on the deceased and for whom inadequate or no provision has been made under the Will or intestacy rules. Whether or not the claim is granted will be determined by the court depending on the circumstances of the claimant, such as their health, disability status, financial dependence, or the proximity of their relationship with the deceased. Minor or dependent children have a much higher chance of a successful claim.
Do my children and grandchildren receive a part of my estate if I later remarry?
Many of our clients mistakenly believe that, in the case of remarriage, their children or grandchildren from a previous marriage are protected and will receive their part of the estate regardless of whether there is a Will in place or not. Marriage automatically revokes a previous Will unless it was made in contemplation of the marriage (s18 Wills Act 1837). Children from a prior relationship are not automatically protected and may only claim under the Act if the Will or intestacy fails to make reasonable financial provision. If the intention of the testator is to share the estate between children/grandchildren and the new spouse then appropriate legal instruments should be used. For example, the use of a trust or a lifetime gift may be appropriate. At the same time, these actions can be good solutions to protect an estate for grandchildren in the event of children remarrying.
Can I reduce the risk of a claim by leaving a small amount (a “token gift”) to a potential claimant?
Leaving a small or “token” gift to a potential claimant does not usually prevent them from bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The court looks at whether reasonable financial provision has been made, not simply whether someone has been mentioned in the Will. If the provision is clearly inadequate given their needs and circumstances, they may still succeed in a claim.
Will the size of my estate affect whether a claim is successful?
Yes. When considering a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the court will take into account the value and nature of the estate. In a case where the estate is limited in size, the scope for provision may be limited. In comparison, a larger estate makes it more probable that the court will consider further financial provision more reasonable.
What steps can I take when drafting my Will to minimise the likelihood of disputes under this Act?
If a testator anticipates a likely claim against their estate, the first thing they ought to consider is referring to the expertise of a solicitor or Will writer. Professional advisers consider the value and nature of an estate, as well as the relationship of the potential claimant to the testator and the goals of the testator. The adviser may propose solutions that will help to minimise the probability of a successful claim being satisfied by the court. Solutions could include the use of trusts and lifetime gifts.
Do I have any right to challenge the Will if I’ve been completely left out?
Yes, you can make a claim under The Inheritance (Provision for Family and Dependants) Act 1975, if you belong to one of the following categories of people: spouse or civil partner, former spouse, cohabitee, child or if you were being financially maintained by the deceased. The fact that you have been left out of the Will and belong to one of the aforementioned groups of people does not automatically guarantee a successful claim.
How much time do I have to start a claim, and what happens if I miss the deadline?
There are very strict time limits for making a claim under The Inheritance (Provision for Family and Dependants) Act 1975. Under the Act, the general rule is that a claim must be made within 6 months of the date of the Grant of Representation (i.e. grant of probate or letters of administration). The court has discretion to allow claims out of time, but only in exceptional circumstances and usually where there is a strong reason for the delay. While the 6 month period is the standard limit, it is not absolute, but late claims are less likely to succeed and require the court’s permission.
If my parent remarried and left everything to their new spouse, do I still have grounds to make a claim?
Yes, you may still have grounds to make a claim. Under the Inheritance (Provision for Family and Dependants) Act 1975, children of the deceased, including adult children, are entitled to apply if they believe the Will (or intestacy) has not made reasonable financial provision for them. If your parent has remarried and left the entire estate to their new spouse, the court will weigh your financial needs against those of the surviving spouse and any other dependents.
Can I make a claim if I am on benefits and if I am a vulnerable person?
Yes. These factors may strengthen your case, as the Act is designed to ensure that those in genuine need are not left without reasonable financial provision from the estate. If you are receiving benefits, are a vulnerable person, or both, you can make a claim under the Act. The court will specifically look at your financial needs and resources, including the fact that you rely on state support. It will also consider any health issues, disabilities or personal circumstances that increase your vulnerability.
How can Westminster Law help?
At Westminster Law, the Wills and LPAs team can advise you in relation to all of the above points, evaluate potential claim risks and assist you with the drafting of a Will that suits your circumstances.
If you are over 60, it will cost you just £95* for us to prepare your Will. Free home visit included.
Contact Westminster Law today for professional advice.
We have offices in more than 10 locations across the country including:
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