Inheritance Act 1975 Claim: Challenge an Estate for Reasonable Provision (2026 Guide)

When a loved one dies and the will or the intestacy rules leaves you without reasonable financial provision, the Inheritance (Provision for Family and Dependants) Act 1975 is the statute that puts the question back before the court. It allows a defined class of people to ask the High Court or County Court to rewrite what the estate pays out, because the distribution as it stands does not meet their reasonable needs. The claim is procedural, evidence-heavy, and time-critical: you have six months from the grant of representation to issue, and the court expects a properly pleaded Part 8 claim with witness evidence attached. Build your case with Chris. Make your claim. Win your day.

When Do You Have a 1975 Act Claim?

The Act exists for one reason: the person who died owed you a duty of reasonable financial provision, and the distribution of their estate does not discharge that duty. It is not a tool for contesting the validity of a will — that is a probate claim under a different procedure. The 1975 Act accepts the will (or the intestacy) as valid and asks the court to adjust what the estate actually pays you.

You typically have a claim where you were married to or in a civil partnership with the deceased and the will or intestacy leaves you without what a surviving spouse would reasonably expect; were the former spouse or civil partner, have not remarried, and were supported by the deceased; are the child of the deceased (adult or minor) left out or left insufficient; were treated as a child of the family; lived with the deceased as husband, wife, or civil partner for the two years immediately before death; or were being maintained wholly or partly by the deceased immediately before they died.

The deceased must have been domiciled in England and Wales at the date of death.

Who Can Claim

Section 1 of the Act sets out the categories. Each carries its own evidential threshold and standard of reasonable provision.

Spouse or civil partner

The most generous standard: reasonable provision means what would be reasonable for a husband, wife, or civil partner — whether or not required for maintenance. The divorce cross-check under Section 14 often applies.

Former spouse or civil partner, not remarried

Most financial orders on divorce now contain a Section 15 bar preventing future 1975 Act claims. Check the order.

Cohabitant

You must have lived with the deceased as husband, wife, or civil partner for the whole of the two years ending with the date of death. Gaps matter.

Child of the deceased

Biological or adopted children of any age. Adult children must show reasonable provision for maintenance has not been made.

Child of the family

A person treated by the deceased as a child of the family — commonly step-children.

Dependant

Any person who was being maintained wholly or partly by the deceased immediately before death, otherwise than for full valuable consideration.

What Reasonable Provision Means

The Act uses two standards. The surviving-spouse standard is what would be reasonable for a spouse to receive, which can include capital beyond daily needs. The maintenance standard applies to every other category and is limited to ordinary cost of daily living at the claimant’s realistic standard.

The Section 3 Factors the Court Weighs

1. The financial resources and needs of the claimant.
2. The financial resources and needs of any other applicant.
3. The financial resources and needs of the beneficiaries.
4. Any obligations and responsibilities the deceased had towards claimants or beneficiaries.
5. The size and nature of the estate.
6. Any physical or mental disability of any claimant or beneficiary.
7. Any other matter including conduct.

How to Make the Claim — Step by Step

Step 1 — Obtain the grant of representation

The six-month clock under Section 4 runs from the date of the grant.

Step 2 — Notify the personal representatives

Write to the executors or administrators asking them to hold off distribution. This letter feeds into costs arguments later.

Step 3 — Gather the financial picture

Build a full schedule of income, outgoings, capital, debts, and foreseeable needs. Obtain the estate accounts.

Step 4 — Draft the Part 8 claim form (N208)

1975 Act claims are issued under CPR Part 8. Name the personal representatives as defendants and every beneficiary whose interest would be affected.

Step 5 — Draft the witness statement

Your witness statement does the pleading work. Identify the deceased, the grant, your category, the facts, every Section 3 factor with supporting exhibits, and the orders you seek.

Step 6 — Issue and serve

Issue at the Chancery Division or County Court depending on value. Pay the court fee. Serve on every defendant.

Step 7 — Mediation

The court will order ADR. Most 1975 Act claims settle at mediation.

Step 8 — Trial

Directions, disclosure, trial — usually one to three days before a Chancery Master or Circuit Judge.

The Six-Month Time Limit (and Section 4 Extensions)

Section 4 is unforgiving. You must issue within six months of the grant. Miss it and you need the court’s permission under the Berger v Berger factors: promptness, merits, prejudice, whether negotiations were live, and whether the estate remains intact.

What Orders the Court Can Make

• Periodical payments — monthly or annual sums from the estate.
• Lump sum — capital payment.
• Transfer of property — transferring a specific estate asset.
• Settlement of property — property held on trust.
• Acquisition of property — court orders estate to buy an asset.
• Variation of nuptial settlement — in spouse claims.
• Interim orders under Section 5 where immediate need.

Common Mistakes to Avoid

• Missing the six-month deadline. Issue protectively even during negotiations.
• Naming the wrong defendants. Every affected beneficiary must be a party.
• Thin financial evidence. Bank statements, budget schedules, proof of capital.
• Treating moral claims as legal claims. Adult children in particular — see Re Coventry.
• Ignoring conduct. Address estrangement head-on in your evidence.
• Refusing mediation. Attracts costs consequences.
• Distributing before six months. If you are the PR, you expose yourself personally.

The Rules and Case Law

Ilott v The Blue Cross [2017] UKSC 17. Restated the principles. Maintenance is the standard for non-spouse claimants. Testamentary freedom is strong.

Re Coventry [1980] Ch 461. The seminal adult-child authority. An able-bodied adult in work needs something — disability, vulnerability, moral obligation from conduct of the deceased — beyond bare desire for more.

Procedure sits in CPR Part 8 and Practice Direction 57.

How Chris Can Help

Chris drafts your Part 8 claim form, witness statement, schedule of assets and liabilities, and skeleton argument — every document the court expects, every Section 3 factor addressed, every exhibit indexed. You represent yourself. Chris is the drafting tool. Chris does not give legal advice — you build your case with Chris one step at a time.

When the person behind eLitigant navigated their own family probate, a solicitor quoted £1,200 and took two years without resolution. Sitting down with Chris for an afternoon, the forms were drafted, the estate closed in three weeks. Most solicitors are excellent — but access to justice should not depend on finding the right one. That is why Chris exists.

7-day money-back guarantee. Not happy with the draft before you sign and send? We refund. We are miracle-makers, not miracle-workers — if the underlying merits are weak, no drafting saves a bad case.

Subscribe for our application: Email hello@elitigant.com with subject line “Application update” and say hello with your given name.

For complex multi-beneficiary disputes where qualified reviewer sign-off matters, the Hybrid tier (£1,000) is your co-pilot. For a single application or a single letter, Litigator at £30 is you.

Frequently Asked Questions

Can I bring a 1975 Act claim if I was estranged from the deceased?

Yes, estrangement does not bar a claim, but it is a factor under Section 3. Awards in these cases tend to be modest.

What if the estate has already been distributed?

If PRs distributed within six months of the grant, they may be personally liable. If after six months without notice of a claim, Section 20 gives statutory protection and you may need to trace assets.

Do I have to go to trial?

Almost certainly not. The overwhelming majority of 1975 Act claims settle at or before mediation.

Can I claim if I am a cohabitant of less than two years?

Not under the cohabitant category. You may still qualify as a dependant under Section 1(1)(e).

Does the will bar 1975 Act claims?

No will can oust the jurisdiction of the court. A forfeiture clause does not apply because the claim accepts the will’s validity.

What does it cost to bring a claim?

Court issue fees apply. Costs often come out of the estate in whole or part.

Can I claim against a foreign estate?

Only if the deceased was domiciled in England and Wales at the date of death.

What happens if I apply out of time?

You need the court’s permission under Section 4. Treat the six-month deadline as final.