> Source: https://swiftwill.co.uk/inheritance-act-claims/ — SwiftWill, first published 24 September 2026, updated 24 September 2026. This Markdown mirror is generated at build time from the page's HTML. General information for England and Wales, not legal advice.

# Inheritance Act claims: who can claim against an estate

By [SwiftWill](https://swiftwill.co.uk/about/) · Updated 24 September 2026 · England and Wales

Quick answer

The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people ask the court for reasonable financial provision when a will or the intestacy rules leave them without it. Eligible applicants are a spouse or civil partner, some former spouses, a cohabitant of at least two years, children, anyone treated as a child of the family and anyone the deceased was maintaining. The claim must normally be made within six months of the grant, and everyone except a spouse or civil partner can only receive what is reasonable for their maintenance.

## What is an Inheritance Act claim?

It is a court application under the [Inheritance (Provision for Family and Dependants) Act 1975](https://www.legislation.gov.uk/ukpga/1975/63/section/1) by someone who says that the will, the intestacy rules, or both together do not make reasonable financial provision for them. It does not say the will is invalid. The person who died must have been domiciled in England and Wales.

The Supreme Court summarised the Act’s four key features in [Ilott v The Blue Cross \[2017\] UKSC 17](https://caselaw.nationalarchives.gov.uk/uksc/2017/17) (paragraph 2): nobody gets provision automatically; only a limited class can apply; everyone except a surviving spouse or civil partner can claim only what they need for maintenance, not a share because the will seems unfair; and the test is objective, not whether the person who died behaved reasonably.

If the court finds that reasonable provision was not made, section 2 lets it order [regular payments, a lump sum, a transfer of property, property held on trust for the claimant, or a change to trusts in the will or intestacy](https://www.legislation.gov.uk/ukpga/1975/63/section/2). An order is treated for inheritance tax as if the estate had passed that way on death ([Inheritance Tax Act 1984, section 146](https://www.legislation.gov.uk/ukpga/1984/51/section/146)).

## Who can make an Inheritance Act claim?

Only the people listed in section 1(1) of the Act. Everyone else, however close, has no claim under it.

Who can apply under the Inheritance Act 1975, section 1(1), and the standard of provision that applies
| Applicant | Who qualifies | Standard of provision |
| --- | --- | --- |
| Spouse or civil partner (s.1(1)(a)) | Married to, or in a civil partnership with, the deceased at the date of death. | What is reasonable for a spouse or civil partner to receive, whether or not it is needed for maintenance, unless a judicial separation or separation order was in force. |
| Former spouse or civil partner (s.1(1)(b)) | Divorced or dissolved, but not someone who has since married or formed a civil partnership. | Maintenance only. |
| Cohabitant (s.1(1)(ba) and 1(1A)) | For the whole two years immediately before the death, lived in the same household as the deceased as if they were a married couple or civil partners. Applies to deaths on or after 1 January 1996. | Maintenance only. |
| Child (s.1(1)(c)) | A child of the deceased, of any age. | Maintenance only. |
| Treated as a child of the family (s.1(1)(d)) | Someone the deceased treated as a child of the family in relation to a marriage or civil partnership, or any family in which the deceased stood in the role of a parent. | Maintenance only. |
| Person being maintained (s.1(1)(e) and 1(3)) | Anyone the deceased was maintaining, wholly or partly, immediately before death: making a substantial contribution towards their reasonable needs, other than for full value under a commercial arrangement. | Maintenance only. |

Stepchildren are not listed as such. A stepchild can only claim if they fall within the “child of the family” or “being maintained” categories; see [can stepchildren inherit?](https://swiftwill.co.uk/can-stepchildren-inherit/)

## What does reasonable financial provision mean?

There are two standards in [section 1(2)](https://www.legislation.gov.uk/ukpga/1975/63/section/1). For a surviving spouse or civil partner, it is what would be reasonable for them to receive in all the circumstances, whether or not they need it to live on. For everyone else, it is what would be reasonable for their maintenance.

Maintenance is broad but limited. In Ilott (paragraphs 14 and 15) the Supreme Court said it means provision to meet the everyday expenses of living, at a level that depends on the facts and is not limited to subsistence. It can be provided as a lump sum rather than income, but it does not stretch to everything it would be desirable for the claimant to have.

## What does the court take into account?

[Section 3](https://www.legislation.gov.uk/ukpga/1975/63/section/3) lists the matters the court must consider, looking at the facts as they are at the date of the hearing:

-   the financial resources and needs of the claimant, any other claimant and the beneficiaries, now and in the foreseeable future, including earning capacity and their own obligations;
-   any obligations and responsibilities the deceased had towards any claimant or beneficiary;
-   the size and nature of the net estate;
-   any physical or mental disability of a claimant or beneficiary;
-   anything else the court considers relevant, including the conduct of the claimant or anyone else.

Extra factors apply to particular claimants. For a spouse or civil partner, the court also considers their age, the length of the marriage or civil partnership, their contribution to the family’s welfare, and what they might reasonably have received on a divorce or dissolution. For a cohabitant, it considers their age, how long they lived together, and their contribution to the family’s welfare, including looking after the home. For a child, it considers how they were being, or might expect to be, educated or trained.

## What is the time limit for an Inheritance Act claim?

Six months from the date the first full grant of probate or letters of administration is taken out ([section 4](https://www.legislation.gov.uk/ukpga/1975/63/section/4)). Grants that do not allow any of the estate to be distributed, and grants made outside the United Kingdom, are ignored when working out that date ([section 23](https://www.legislation.gov.uk/ukpga/1975/63/section/23)). A claim can be made before the grant.

After six months, the claimant needs the court’s permission. The Court of Appeal in [Cowan v Foreman \[2019\] EWCA Civ 1336](https://caselaw.nationalarchives.gov.uk/ewca/civ/2019/1336) applied the considerations set out in Berger v Berger \[2013\] EWCA Civ 1305: the claimant must show sufficient grounds; the court looks at whether they acted promptly, whether negotiations began within the time limit, whether the estate has been distributed, whether refusal would leave them without another remedy, and whether they have an arguable case. It gave permission for a claim issued almost 17 months after the deadline, because the claimant raised it once she understood her position and the rest of the time was spent under an agreed pause, in negotiations and in mediation. It also stressed that only the court can extend time.

Executors who distribute the estate after the six months are not personally liable if the court later allows a late claim, although the court can still order property already distributed to be recovered ([section 20](https://www.legislation.gov.uk/ukpga/1975/63/section/20)). If you might claim and want to know when the clock starts, a [standing search](https://www.gov.uk/search-will-probate) costs £4 and sends you a copy of the grant if it is issued in the next six months.

## Can an unmarried partner make a claim?

Often, yes, and where there is no will it may be their only route. Under the [intestacy rules](https://swiftwill.co.uk/intestacy-rules/) an unmarried partner inherits nothing, and GOV.UK confirms that a partner who was not married to or in a civil partnership with the person [cannot apply to administer the estate](https://www.gov.uk/applying-for-probate/if-theres-not-a-will). A partner can claim as a cohabitant if they lived in the same household as a couple for the whole two years before the death. A partner of a shorter relationship may still claim if the deceased was maintaining them.

Either way the award is limited to maintenance. If the couple owned their home as joint tenants, it normally passes to the survivor automatically. Where the deceased owned property jointly with someone else, the court can treat the deceased’s share as part of the estate available to meet a claim ([section 9](https://www.legislation.gov.uk/ukpga/1975/63/section/9)). A claim is discretionary and can be costly; a will is the reliable way to provide for a partner. See [my partner died without a will](https://swiftwill.co.uk/scenarios/my-partner-died-without-a-will/) and [wills for unmarried couples](https://swiftwill.co.uk/will-for-unmarried-couples/).

## Can an adult child claim against a parent’s estate?

Yes, but only for maintenance. Ilott v The Blue Cross is the leading case. Mrs Jackson and her only daughter, Mrs Ilott, had been estranged for 26 years. Apart from a modest legacy, her will left an estate of about £486,000 to charities, and she left letters explaining why her daughter should receive nothing (paragraphs 4 to 6). Mrs Ilott’s household had a modest income, much of it from state benefits (paragraph 7).

-   The district judge awarded her £50,000.
-   The Court of Appeal later replaced that with £143,000 to buy her rented home and an option on a further £20,000 (paragraph 28).
-   On 15 March 2017 the Supreme Court restored the £50,000 award (paragraph 48).

The Supreme Court said the Court of Appeal had given too little weight to the long estrangement and to the mother’s clear wishes. The case shows that an adult child can succeed, but that need, the relationship and the testator’s wishes all count, and the outcome depends on the facts.

## Will a letter of wishes or statement of reasons stop a claim?

No. Nothing in the Act lets a testator exclude a claim, and the court can take into account “any other matter” it considers relevant ([section 3(1)(g)](https://www.legislation.gov.uk/ukpga/1975/63/section/3)). In Ilott, the mother’s letters were before the court and her wishes counted: the Supreme Court said they may be overridden but are part of the circumstances to be weighed (paragraph 47). They did not stop an award.

A calm, factual explanation, kept with the will and updated when things change, is still worth writing. See [what is a letter of wishes?](https://swiftwill.co.uk/what-is-a-letter-of-wishes/) and [can I disinherit someone?](https://swiftwill.co.uk/can-i-disinherit-someone/) Giving assets away before death is not a safe alternative: the court can claw back gifts made in the six years before death with the intention of defeating a claim ([section 10](https://www.legislation.gov.uk/ukpga/1975/63/section/10)).

## How is a claim made and settled?

1.  **Take advice early.** The six-month limit is short, and the claim needs evidence of your finances and needs. GOV.UK lists ways to [find legal advice](https://www.gov.uk/find-legal-advice).
2.  **Try to settle.** Negotiation and mediation can resolve a claim without a trial. The court can order the parties to try alternative dispute resolution, and an unreasonable refusal can affect who pays costs ([CPR 3.1(2)(o)](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03) and [CPR 44.2(5)](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs)).
3.  **Issue the claim in time.** A claim is made on a Part 8 claim form, with official copies of the grant and will exhibited to the evidence once a grant exists ([CPR 57.16](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part57)), in the High Court or the County Court ([County Courts Act 1984, section 25](https://www.legislation.gov.uk/ukpga/1984/28/section/25)).
4.  **Record any settlement properly.** An agreed outcome can be made a court order or recorded in a [deed of variation](https://swiftwill.co.uk/deed-of-variation/), which can be treated for inheritance tax as if the person who died had made it.

Validity challenges, such as lack of capacity or undue influence, are a different kind of claim with different rules; see [contesting a will](https://swiftwill.co.uk/contesting-a-will/).

## What if you are making a will and expect a claim?

If you plan to leave out, or leave very little to, a spouse, cohabitant, child or anyone who depends on you, take advice from a solicitor before signing. An automated will cannot weigh the risk of a claim, and SwiftWill’s own screening sends this situation to a solicitor. The government’s [making a will guidance](https://www.gov.uk/make-will/writing-your-will) also recommends advice where several family members may make a claim, such as a second spouse or children from another marriage. Scotland and Northern Ireland have different rules; see [wills in Scotland](https://swiftwill.co.uk/scotland/).

## Sources

-   Inheritance (Provision for Family and Dependants) Act 1975: [section 1](https://www.legislation.gov.uk/ukpga/1975/63/section/1), [section 2](https://www.legislation.gov.uk/ukpga/1975/63/section/2), [section 3](https://www.legislation.gov.uk/ukpga/1975/63/section/3), [section 4](https://www.legislation.gov.uk/ukpga/1975/63/section/4), [section 9](https://www.legislation.gov.uk/ukpga/1975/63/section/9), [section 10](https://www.legislation.gov.uk/ukpga/1975/63/section/10), [section 20](https://www.legislation.gov.uk/ukpga/1975/63/section/20) and [section 23](https://www.legislation.gov.uk/ukpga/1975/63/section/23)
-   [Inheritance Tax Act 1984, section 146](https://www.legislation.gov.uk/ukpga/1984/51/section/146)
-   [County Courts Act 1984, section 25](https://www.legislation.gov.uk/ukpga/1984/28/section/25)
-   [Ilott v The Blue Cross \[2017\] UKSC 17](https://caselaw.nationalarchives.gov.uk/uksc/2017/17)
-   [Cowan v Foreman \[2019\] EWCA Civ 1336](https://caselaw.nationalarchives.gov.uk/ewca/civ/2019/1336)
-   [Civil Procedure Rules Part 57](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part57), [Part 3](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03) and [Part 44](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs)
-   [GOV.UK: Applying for probate if there is not a will](https://www.gov.uk/applying-for-probate/if-theres-not-a-will)
-   [GOV.UK: Search probate records (standing searches)](https://www.gov.uk/search-will-probate)
-   [GOV.UK: Making a will, when you need legal advice](https://www.gov.uk/make-will/writing-your-will)

Sources checked 24 September 2026.

## Frequently asked questions

**Who can make a claim under the Inheritance Act 1975?**

A spouse or civil partner, a former spouse or civil partner who has not remarried or formed a new civil partnership, a cohabitant who lived with the deceased as a couple for the whole two years before the death, a child of any age, someone treated as a child of the family, and anyone the deceased was maintaining. The deceased must have died domiciled in England and Wales.

**What is the time limit for an Inheritance Act claim?**

Six months from the date the grant of probate or letters of administration is first issued. A claim can be made before the grant, and a later claim needs the court’s permission. The court considers how promptly the claimant acted, whether negotiations started in time, whether the estate has been distributed and whether the claim is arguable.

**Can an adult child claim against a parent’s estate?**

Yes, a child of any age can apply, but an adult child can only receive what is reasonable for their maintenance, not a fair share. In Ilott v The Blue Cross the Supreme Court restored an award of £50,000 to an estranged adult daughter from an estate of about £486,000, rather than the larger sum the Court of Appeal had ordered.

**Can an unmarried partner claim if there is no will?**

An unmarried partner inherits nothing under the intestacy rules, but may claim under the 1975 Act if they lived in the same household as a couple for the whole two years before the death, or if the deceased was maintaining them. The award is limited to what is reasonable for their maintenance.

**Does a letter of wishes stop an Inheritance Act claim?**

No. Nothing in the Act lets a testator shut out a claim. A clear, factual explanation of your reasons is part of the circumstances the court weighs, but in Ilott the mother’s letters explaining why she left her daughter nothing did not prevent an award.

**Can I make an Inheritance Act claim before probate is granted?**

Yes. Since 1 October 2014, section 4 of the Act confirms that a claim can be made before a grant is taken out. The court rules allow a claim without a named defendant, with directions about who will represent the estate.

Published by SwiftWill. First published 24 September 2026; updated 24 September 2026. General information for England and Wales, not legal advice. Sources are linked in the guide; publication is not an individual legal review. Spotted an error? See our [corrections log](https://swiftwill.co.uk/corrections/).