Inheritance Act (1975)
With modern family arrangements becoming increasingly complex, it is not uncommon for wills or intestacy rules to fail to make reasonable financial provision for those left behind. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are a highly specialised area of law, requiring careful consideration of both legal principles and individual circumstances. Our team provides expert, supportive advice to individuals and beneficiaries involved in these often sensitive disputes.
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Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
While people in England and Wales are generally free to leave their estate to whoever they choose, the law recognises that this can sometimes result in unfair outcomes. The Inheritance (Provision for Family and Dependants) Act 1975 (the “Inheritance Act”) allows certain people to bring a claim against an estate where the will or intestacy rules do not make reasonable financial provision for them.
We have significant experience acting for both claimants and defendants in Inheritance Act claims and provide clear, pragmatic advice at every stage.
Who can bring an Inheritance Act claim?
- Only specific categories of people are entitled to claim, including:
- Spouses and civil partners
- Former spouses or civil partners (in certain circumstances)
- Unmarried partners who lived with the deceased for at least two years before their death
- The deceased’s children
- People treated as a child of the family (for example, stepchildren)
- Anyone who was being financially maintained by the deceased immediately before their death
What is “reasonable financial provision”?
What amounts to reasonable financial provision depends on the type of claimant and the individual circumstances.
- Spouses and civil partners may claim a higher standard of provision, similar to what might be awarded on divorce.
- All other claimants are limited to provision for their maintenance.
The court will consider a range of factors set out in the legislation, including:
- The financial needs and resources of the claimant
- The financial needs and resources of the beneficiaries
- The size and nature of the estate
- Any physical or mental disabilities of the parties
- The conduct of the parties and any other relevant circumstances
An award is not automatic, and in several cases the courts have decided that the existing provision is reasonable, even if that is no provision at all.
How we can help
We regularly act in Inheritance Act claims, including:
- Advising individuals who have been excluded from a will or inadequately provided for
- Defending beneficiaries facing a claim against an estate
- Assessing prospects of success and providing early merits advice
- Assisting with negotiations and mediation to resolve disputes without court proceedings
- Representing clients through court proceedings where settlement is not possible
Most claims are resolved through negotiation or mediation, but we have the expertise to take cases through to trial if necessary.
Getting advice
If you believe you may have a claim, or you are defending a claim against an estate, we would be happy to discuss your situation and explain your options.
Frequently asked questions
We have answered some of the more frequently asked questions we receive around contentious probate. If you have a question that is not answered below, please contact Jason Oliver.
Who can dispute a Will?
To dispute the validity of a Will, a person needs to show that they have a sufficient interest to do so. This is usually that, if the Will is invalid, that person would inherit more under a previous Will or on intestacy. There can be other circumstances where a person has a sufficient interest to challenge and we are able to advise in this respect.
How do you dispute a Will?
The validity of a Will can be challenged for the following reasons:
- It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
- The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
- The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
- The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
- The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.
The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.
Can you dispute a Will after probate?
Yes. A claim can be brought to revoke a grant of probate or administration on the basis that the Will is invalid.
Can probate be contested?
Yes. A claim can be brought to revoke a grant of probate or administration on the basis that the Will is invalid.
Can you contest a Will?
The validity of a Will can be challenged for the following reasons:
- It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
- The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
- The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
- The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
- The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.
The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.
What are the grounds for contesting a Will?
The validity of a Will can be challenged for the following reasons:
- It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
- The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
- The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
- The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
- The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.
The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.
What is the success rate of contesting a Will?
The success of a challenge to the Will depends on the evidence available. In our experience, the majority of claims are settled before trial and settlement depends on the strength of each party’s evidence and the approach taken by each side. We can help you gather evidence and advise you on the strength of a claim to challenge the validity of a Will.
How much does it cost to contest a Will?
Costs depend on how far a claim progresses. If a claim settles at an early stage, the costs are generally limited however, if a claim progresses to a trial, costs can be significant. Our aim is to provide cost-effective advice throughout the entire process. Many disputes are suitable for alternative dispute resolution, which can include negotiation and mediation, which, if successful, typically save costs compared to litigation.
Who pays to contest a Will?
Who ultimately pays the costs must either be agreed or decided by the court. As with most litigation, the general rule is that the successful party recovers their costs from the unsuccessful party so, if a challenge to a Will succeeds, claimants can usually expect to recover their costs either from the estate or from those who opposed the claim. On the other hand, if a challenge to a Will is unsuccessful, you might be ordered to pay the other party’s costs. There are multiple considerations when determining costs liability and we provide advice on these at every stage of a dispute.
How do I enter a caveat on line?
Caveats can be entered by visiting the government’s website page on stopping a probate application. It costs £3 to enter a caveat.
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