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.
Learn how family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975 work in England and Wales. This guide explains who can claim, what constitutes reasonable financial provision, legal processes, time limits and practical steps for making or responding to a claim.
A family provision claim is a legal process that allows certain individuals to ask a court to adjust how a deceased person's estate is distributed if the will or the intestacy rules (the default rules that apply when someone dies without a will) fail to make reasonable financial provision for them. These claims are governed by the Inheritance (Provision for Family and Dependants) Act 1975, a statute specific to England and Wales. They provide an important safety net for dependants who have been left without sufficient support, despite the testator's wishes.
This article explains what family provision claims are, who can bring them, how the court considers them, procedural requirements, time limits, practical steps and common questions that arise for claimants and beneficiaries alike.
What Is a Family Provision Claim?
A family provision claim is a request made to the court under the Inheritance (Provision for Family and Dependants) Act 1975 for the terms of a will (or the statutory distribution under intestacy) to be varied so that the claimant receives reasonable financial provision from an estate. The aim is to ensure that certain close family members or dependants of the deceased are not left in financial hardship because they were either excluded or inadequately provided for.
The court has wide discretion to determine what constitutes “reasonable financial provision” based on each individual's circumstances and the specifics of the estate.
Who Can Bring a Family Provision Claim?
Not everyone can make a claim under the 1975 Act. Eligibility is based on the claimant's relationship with the deceased or financial dependency. Categories of potential claimants include:
- Spouse or civil partner of the deceased.
- Former spouse or civil partner who has not remarried or entered a new civil partnership.
- Children of the deceased, including adult and adopted children.
- A person treated as a child of the family, such as a step‑child who was integrated into the family.
- A dependant who was financially maintained by the deceased immediately before death.
- A cohabitee who lived with the deceased as a partner for at least two years before the death.
These categories reflect the balance in the legislation between respecting testamentary freedom and addressing genuine maintenance needs.
When Can a Family Provision Claim Be Made?
A claim under the 1975 Act must generally be issued within six months of the date on which probate (or letters of administration) is granted in the estate. This time limit is strict, and the court can only extend it in exceptional circumstances.
If probate has already been granted and you are unsure of the exact date, you can apply for a standing search at the Probate Registry so that you receive notification when the grant is issued and the six‑month period begins.
What Does “Reasonable Financial Provision” Mean?
The concept of reasonable financial provision is central to family provision claims, but there is no fixed formula. The court must assess whether the deceased's will or intestacy arrangements fail to meet the claimant's needs in light of all relevant factors.
Key considerations typically include:
- The financial resources and needs of the claimant now and in the future.
- The financial resources and needs of other beneficiaries.
- The size and nature of the estate.
- Any obligations or responsibilities the deceased had toward the claimant.
- Any physical or mental disability affecting the claimant or other beneficiaries.
- The conduct of the claimant or others if relevant to the claim.
For a spouse or civil partner, the court may also consider what provision might have been made had the marriage ended in divorce rather than by death, effectively giving a starting point for the reasonable provision calculation.
How the Court Makes an Order
If the court determines that reasonable financial provision has not been made, it may make an order directing that the estate be distributed differently. This might include:
- A lump sum payment from the estate.
- A periodical payment (regular payments) to support living costs.
- A transfer of property or other assets.
The court's discretion enables it to tailor orders appropriate to the claimant's needs and the estate's value.
Practical Steps for Prospective Claimants
1. Check Eligibility
Confirm whether you fall within one of the categories eligible to make a family provision claim under the 1975 Act.
2. Understand the Deadline
Note that the six‑month time limit typically starts from the date probate or letters of administration are granted. Acting promptly is crucial.
3. Gather Evidence
Collect documentation to support your claim, such as financial records, proof of dependency or cohabitation, and details of the estate and beneficiaries.
4. Seek Specialist Advice
Family provision claims are legally complex. Guidance from solicitors experienced in contentious probate can help clarify whether you have a viable claim and the best strategy to pursue it.
5. Consider Mediation Before Litigation
Where possible, mediating with other interested parties can resolve disputes before formal court proceedings, potentially reducing costs and tension.
Common Questions About Family Provision Claims
Can a claim be made if there is no will?
Yes. A family provision claim can also be brought where a person dies intestate (without a will). The claim will assess whether the intestacy rules provide reasonable financial provision for you.
Is exclusion from a will enough to make a claim?
Simply being excluded from a will is not automatically enough. You must show that the exclusion results in a failure to make reasonable financial provision for you as defined under the Act.
Can a claim be made out of time?
A late claim can be considered only with the court's permission and usually only in exceptional circumstances where strict deadlines would cause injustice.
Will a successful claim change the entire will?
A court order under the 1975 Act alters the distribution from the estate, but it does not invalidate the remainder of the will. The order is limited to the provision required for the claimant.
Risks and Challenges
Family provision claims can be emotionally charged and costly. Costs may include legal fees and expert evidence, and in contested cases there is a risk of adverse costs orders. Early negotiation and mediation can sometimes minimise these risks.
The court's wide discretion means outcomes can be unpredictable, and similar claims can result in very different awards based on individual circumstances and the size of the estate.
Conclusion
Family provision claims provide an important legal mechanism in England and Wales for individuals to seek fair financial provision from a deceased person's estate when a will or intestacy fails to meet their needs. Governed by the Inheritance (Provision for Family and Dependants) Act 1975, these claims require careful consideration of eligibility, timing, evidence and legal strategy. Understanding how the court assesses reasonable financial provision, the categories of eligible claimants, and the procedural requirements can help prospective claimants and beneficiaries navigate a potentially complex and sensitive area of law. Early advice and proactive preparation can improve prospects of achieving a fair outcome.
