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 who can bring an inheritance dispute in England and Wales, explaining eligibility for claims under the Inheritance Act 1975 and Will validity challenges, relationships recognised by law, procedural criteria and time limits, with clear examples for beneficiaries, dependants, cohabitants and family members.
Inheritance disputes arise when someone challenges how a deceased person's estate is to be distributed. These disputes can involve formal legal claims in the courts and tribunals of England and Wales. This article explains who has the legal right to bring different types of inheritance disputes, including claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act 1975”) and challenges to the validity of a Will. It also covers eligibility, practical considerations, and typical scenarios. Information is based on current UK law and authoritative legal sources.
Understanding the Legal Basis of Inheritance Disputes
When a person dies, their estate (property, money and other assets) is distributed according to their Will or, if there is no valid Will, under the intestacy rules. An inheritance dispute occurs when someone believes that the estate has been distributed in a way that is incorrect, unfair, or unlawful. There are two broad categories of inheritance dispute:
- Contesting a Will on grounds of invalidity, such as lack of capacity, undue influence or improper execution; and
- Claims under the Inheritance Act 1975 for reasonable financial provision where an eligible person has not been adequately provided for.
Who may bring these disputes depends on the type of claim and the relationship between the claimant and the deceased.
Who Can Challenge a Will (Validity Disputes)?
A Will can be challenged if there are reasonable grounds to believe that it is not legally valid. This is distinct from claiming that you are dissatisfied with the share you received. To contest a Will on validity:
- Beneficiaries named in the Will or in an earlier Will may challenge if they consider the document invalid.
- Close family members and dependants such as a spouse, civil partner, children, or other close relatives may challenge where there are grounds such as lack of testamentary capacity, undue influence, or fraud.
- A person promised an inheritance who relied on that promise may challenge the Will if they have evidence such as a clear assurance from the deceased that was a pivotal factor in their actions.
There is no fixed statutory limitation period for challenging a Will on grounds such as lack of capacity or undue influence, but delays can weaken the evidence and reduce the likelihood of success.
Who Can Bring a Claim under the Inheritance Act 1975?
The Inheritance Act 1975 provides a statutory route for qualifying individuals to claim reasonable financial provision from an estate where the Will or the intestacy rules do not make adequate provision for them. Claims under this Act must normally be started within six months of the grant of probate or letters of administration.
Categories of Eligible Claimants
To bring a claim under the Inheritance Act 1975, a person must fall within one of the specified categories set out in Section 1 of the Act. These categories recognise a close personal or financial relationship with the deceased. Eligible claimants include:
- Spouse or Civil Partner
A surviving spouse or civil partner of the deceased may bring a claim if reasonable provision has not been made for them by the Will or under intestacy. - Former Spouse or Former Civil Partner
A person divorced or whose civil partnership was dissolved can claim provided they have not remarried or entered into a new civil partnership since the dissolution. - Cohabiting Partner
An unmarried partner who lived with the deceased as if they were a spouse or civil partner for at least two years immediately before the date of death may be eligible to claim. - Children of the Deceased
Both minor and adult children can bring a claim, including adopted children, and in some circumstances stepchildren or those treated as a child of the family. - Persons Treated as a Child of the Family
This includes individuals who may not be biologically related but who were treated by the deceased as a child (for example, stepchildren or fostered children). - Dependants and Financially Maintained Individuals
Anyone who was being maintained financially by the deceased immediately before their death, whether or not they are a family member, can bring a claim.
These provisions are designed to protect those with close personal ties or financial dependence on the deceased, recognising that strict adherence to the terms of a Will or the intestacy rules may leave them with inadequate provision.
Distinguishing Between Types of Claims
It is important to recognise the difference between contesting a Will on grounds of invalidity and bringing a claim under the Inheritance Act:
- Validity claims focus on whether the Will itself meets legal requirements (formalities, capacity, influence). Eligibility depends on having a legitimate interest and evidence of defect.
- Inheritance Act claims focus on whether the deceased made reasonable financial provision for certain categories of people. The law defines who may bring these claims, irrespective of whether the claimant is a beneficiary.
For individuals not covered by the Inheritance Act categories (for example, distant relatives or friends without financial dependence), there is generally no statutory right to bring an Inheritance Act claim merely because they are disappointed beneficiaries. However, they may explore other legal doctrines such as proprietary estoppel in limited cases where there is evidence of a clear assurance and reliance, though these routes are more complex and less commonly successful.
Time Limits and Procedural Requirements
- Inheritance Act Claims: Proceedings should usually be started within six months of the grant of probate or letters of administration. Courts have limited discretion to permit late claims, but strict compliance is prudent.
- Will Validity Challenges: There is no fixed statutory deadline for challenging a Will's validity, but undue delay can prejudice the evidence and affect the strength of the claim.
Prompt legal advice and early action are essential in both types of dispute to protect rights and preserve evidence.
Practical Examples of Eligible Claimants
- A spouse who feels they have not been given enough for their maintenance under the terms of the Will.
- A former partner who lived with the deceased but received little or no provision.
- An adult child who does not think the estate provides adequate financial support.
- A stepchild or someone treated by the deceased as a family member.
- An individual financially dependent on the deceased, such as someone the deceased supported before their death.
People outside these categories may need to consider other legal principles (e.g. proprietary estoppel), but eligibility is narrower.
Key Takeaways
Individuals who can bring an inheritance dispute in England and Wales fall into defined categories depending on the legal basis of the claim:
- Challenges to the validity of a Will can be made by beneficiaries, family members or others with a legitimate interest where there are legal grounds such as lack of capacity, undue influence, or improper execution.
- Inheritance Act 1975 claims can be brought by spouses, civil partners, former spouses (not remarried), long‑term cohabitants, children and those treated as a child, and individuals financially maintained by the deceased.
Claims under the Inheritance Act must ordinarily be started within six months of probate, and different procedural rules apply to validity challenges. Understanding eligibility and acting promptly are critical steps for those considering an inheritance dispute.
