This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A comprehensive guide to family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales, explaining who can claim, how the court assesses reasonable financial provision, time limits, the court process, practical considerations, and common questions for beneficiaries and executors.
When someone dies, their will or the statutory rules of intestacy usually determine how their estate is distributed. However, in some cases the person left out of the will or receiving insufficient provision may feel that this distribution fails to meet their financial needs. In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) provides a statutory mechanism for certain individuals to apply to the courts for reasonable financial provision from a deceased person's estate. This article explains what family provision claims are, who can make them, how the process works, key legal concepts, time limits, practical considerations, and common questions.
What Is a Family Provision Claim?
A family provision claim is a legal application made under the Inheritance (Provision for Family and Dependants) Act 1975. It allows specified people to ask the court to make financial provision from the estate of a deceased person where the existing will or the intestacy rules have not made reasonable provision for their maintenance. The purpose of the Act is to balance testamentary freedom with protection for people the deceased was expected to support. The court may reorder the distribution of assets so that eligible claimants receive an award, such as a lump sum or regular payments.
Who Can Bring a Claim?
Only certain categories of people can make a claim under the 1975 Act. Eligibility is limited to those the Act specifically includes, recognising different relationships and financial dependencies with the deceased. The main categories are:
- Spouse or civil partner of the deceased.
- Former spouse or civil partner who has not remarried or entered a new civil partnership.
- Cohabitee, meaning someone who lived with the deceased as if they were spouses or civil partners for at least two years immediately before death.
- Children of the deceased, including adopted children.
- Someone treated as a child of the family by the deceased (for example, stepchildren).
- Any person financially maintained (fully or partially) by the deceased before their death.
A claimant must fall within one of these categories to bring a claim; being disappointed with a will's terms alone is not sufficient.
When Can You Make a Family Provision Claim?
Time Limit
A family provision claim must be started within six months of the date on which the Grant of Probate or Letters of Administration is issued in respect of the estate. This is a strict time limit in most cases, though the court has some discretion to permit a late claim where there is a compelling reason for delay, such as not knowing probate had been granted.
Effect of Missing the Deadline
If a claimant misses the six‑month deadline, they may need the court's permission to proceed. The court's discretion to allow a late claim is not automatic and depends on factors such as how soon the claimant acted after discovering their entitlement, how much of the estate has already been distributed, and whether allowing the claim would unfairly prejudice other beneficiaries.
What Does “Reasonable Financial Provision” Mean?
A central question in a family provision claim is whether the way the estate was distributed “fails to make reasonable financial provision” for the claimant. This concept has a specific legal meaning:
- For spouses and civil partners, the court considers what provision would have been made if the marriage or partnership had ended in divorce.
- For other claimants (children, cohabitees, dependants), the focus is typically on what is needed for the claimant's maintenance - that is, a level of financial support sufficient for their day‑to‑day reasonable needs without undue hardship.
- The court will examine the claimant's financial resources and needs, the resources and needs of other beneficiaries, the size of the estate, and any obligations or responsibilities the deceased had toward the claimant. Other factors such as age, health and conduct may also be relevant.
The courts have emphasised that the Act is not intended to be used simply because someone believes a will is unfair; it is focused on genuine financial need.
The Court Process
Starting Proceedings
A family provision claim is a court application commenced by filing the appropriate claim form and supporting evidence in the civil courts. It is often governed by the Civil Procedure Rules under a Part 8 procedure, which sets out directions for how the case is to proceed, including filing evidence and responding to applications.
The claimant must include evidence showing:
- Their relationship with the deceased.
- Their financial needs and available resources.
- Why the estate's current distribution fails to make reasonable financial provision.
Evidence can include financial records, details of income and expenditure, and supporting documents about health and living arrangements.
Court Consideration and Outcome
Once proceedings are underway, the court will consider all relevant factors outlined in the 1975 Act. If the court decides the will or intestacy fails to make reasonable financial provision, it has wide discretion to make orders, which may include:
- A lump sum payment from the estate to the claimant;
- Periodical payments (regular sums paid over time);
- Transfer of specific property or assets to the claimant; or
- A lifetime right to reside in property belonging to the estate.
Orders are tailored to the claimant's needs and the size and nature of the estate.
Practical Considerations
Executors and Responding Parties
Executors and personal representatives have a duty to remain neutral; their role is to administer the estate according to law. Responding parties are usually beneficiaries defending the estate's current distribution. Executors should seek professional guidance on their role and potential liability.
Costs and Settlement
Litigation can be costly and may reduce the estate's value. In many cases, parties negotiate settlement or use mediation to reach a resolution without fully contested hearings, which can save time and legal fees.
Strategic Considerations
Early legal advice is essential for potential claimants because preparation, evidence gathering and issuing proceedings before the six‑month deadline are crucial to preserving rights. Executors and beneficiaries should also seek guidance on defending claims and managing disputes efficiently.
Common Questions
Can I bring a claim if there is no will?
Yes. The 1975 Act applies whether there is a will or intestacy. The court can make provision by adjusting the distribution that would otherwise occur under the intestacy rules.
Does every claimant receive an award?
No. The court exercises discretion and will only make an award where it is satisfied that reasonable financial provision has not been made. Mere disappointment or disagreement with a will's terms is not sufficient.
Can adult children claim?
Yes, adult children may claim, but they must demonstrate a need for maintenance. The court compares their financial position and resources with their needs and other claimants.
Can a claim be withdrawn?
A claimant may choose to withdraw proceedings, but doing so will usually end their right to seek provision. The court may also encourage negotiation or settlement prior to full hearings.
Key Takeaways
A family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 enables eligible individuals to ask a court to alter the distribution of a deceased person's estate where it fails to provide reasonable financial provision. Eligible claimants include spouses, civil partners, former spouses, cohabitees, children, and dependants. Claims must usually be started within six months of the grant of probate or letters of administration. The court considers a range of factors, including financial needs and resources, obligations of the deceased, and the size of the estate. Legal advice is crucial for prospective claimants and defending parties, as the process involves evidence, procedural rules and strategic decisions. Family provision claims can offer a formal path to remedy financial disadvantage, but each case is decided individually based on its merits and evidence.
