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.
Discover what a family provision claim is under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales. This guide explains eligibility, time limits, legal process, and possible outcomes when a will or intestacy fails to make reasonable financial provision.
When a person dies, their estate is typically distributed according to their will or, if there is no will, under the intestacy rules. In many cases this process proceeds without dispute. However, sometimes those close to the deceased feel that the will or intestacy distribution fails to provide for them fairly. In England and Wales, the law recognises this concern through what is commonly known as a family provision claim. This article explains what a family provision claim is, who can make one, how the legal process works, important time limits, and what outcomes are possible.
What Is a Family Provision Claim?
A family provision claim is a legal application to the court under the Inheritance (Provision for Family and Dependants) Act 1975. It allows certain individuals to ask a court to alter the way an estate is distributed if they believe that the deceased's will or the statutory intestacy rules have failed to make reasonable financial provision for them. A family provision claim can be made whether or not a will exists.
In practical terms, this means the applicant is asking the court to order that part of the deceased's estate be used to provide financial support for them, because the provisions made are insufficient for their needs.
Legal Basis: The Inheritance (Provision for Family and Dependants) Act 1975
The key legislation governing family provision claims in England and Wales is the Inheritance (Provision for Family and Dependants) Act 1975. The Act gives courts the power to vary the distribution of an estate if it is not making reasonable financial provision for someone who was close to the deceased or financially dependent on them.
The term reasonable financial provision is a legal standard the court applies by considering the claimant's needs and circumstances alongside the estate's value and other beneficiaries' interests. It is not a “right” to a share of the estate but a chance to ask the court to award provision if justified.
Who Can Make a Family Provision Claim?
Not everyone can bring a family provision claim. The Act specifies categories of people who may be eligible. These include:
- The deceased's spouse or civil partner.
- A former spouse or civil partner who has not remarried or entered a new civil partnership.
- A cohabitee who lived with the deceased as if they were a married couple or civil partners for at least two years before the death.
- A child of the deceased, including adult children and adopted children.
- A person who was treated like a child of the deceased.
- A person who was being maintained financially by the deceased immediately before death.
Other relatives, friends, or associates generally cannot bring a claim unless they fall within these categories.
When Can a Claim Be Made?
Timing is critical in family provision claims. The general rule is that a claim must be issued at court within six months of the date on which a Grant of Probate or Letters of Administration is issued in relation to the deceased's estate. This six‑month period is statutory and strictly enforced.
In limited circumstances, the court has discretion to allow claims to proceed outside the six‑month period if there is a compelling reason. This may arise where negotiations were already underway before the deadline or where the claimant was prevented from applying due to reasons outside their control. However, such extensions are exceptional and depend on the court's assessment of the facts.
The Purpose of a Family Provision Claim
A family provision claim is focused on meeting the claimants' financial needs rather than on rectifying perceived unfairness alone. The court's task is to assess:
- Whether the distribution under the will or intestacy fails to make reasonable financial provision for the applicant.
- If so, whether provision should be made, and what the nature and amount of that provision should be.
The court considers factors such as the claimant's age, health, financial resources and needs, the size of the estate, the obligations and responsibilities of the deceased, and the needs of others who have a claim on the estate.
Practical Steps in Making a Claim
A family provision claim typically involves the following procedural steps:
- Check eligibility: Ensure that the claimant falls within one of the qualifying categories.
- Act quickly: Claims must normally be issued within six months of the grant of representation.
- Prepare the claim form: This includes details of the claimant's relationship with the deceased, why the provision made is insufficient, and the financial needs of the claimant.
- Serve the claim on the personal representatives and other interested parties.
- Negotiation and mediation: The parties may attempt to resolve the claim without a full court hearing.
- Court hearing: If no settlement is reached, the court will hear evidence and decide whether to make an order, and what provision is reasonable.
Throughout this process, specialist legal advice is often essential due to the technical nature of the law and the risks involved.
Possible Outcomes
If the court decides that reasonable financial provision has not been made, it may make an order for provision out of the deceased's estate. Possible outcomes include:
- Lump sum payment: A one‑off sum to meet immediate needs.
- Periodical payments: Regular payments, for example to cover ongoing living costs.
- Transfer of property: Assigning property or part of it to the claimant.
- Lifetime rights: Granting a right to occupy a property for life, after which it reverts to the estate.
The court will tailor any award to the claimant's needs and the estate's circumstances. It will also balance this against the interests of other beneficiaries.
Key Risks and Considerations
Bringing a family provision claim involves legal costs and potential risks:
- Costs: If the claim is unsuccessful, the claimant may be ordered to pay the estate's or other parties' costs.
- Impact on relationships: Such claims can deepen family tensions.
- Timing: Missing the six‑month deadline without securing the court's permission may prevent a claim from being heard.
- Evidential requirements: Claimants must present convincing evidence of need and lack of reasonable provision.
Careful early planning and legal advice can help manage these risks.
Common Questions
Does every excluded person have a right to claim?
No. Only those within the statutory categories under the Act can bring a family provision claim. Other relatives generally do not have standing to apply.
Can the court override a will's express wishes?
Yes. The court has the power to vary the distribution of the estate if it finds that reasonable financial provision has not been made, even if the will's language was clear.
Is there a time limit for changing my will to prevent claims?
Updating a will regularly and explaining the reasons for exclusions can reduce disputes, but it does not prevent eligible claimants from applying under the Act within the statutory timeframe.
Key Takeaways
A family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 is a legal mechanism by which certain close relatives and dependants of a deceased person can seek additional financial provision from an estate. It provides a route to challenge inadequate provision whether the deceased left a will or died intestate. Only eligible individuals can apply, and there is a strict six‑month time limit from the grant of probate or letters of administration. The court decides whether reasonable financial provision has been made and, if not, may order provision tailored to the claimant's needs.
