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.
Find out who can make a family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales. This guide explains the categories of eligible claimants, legal criteria, time limits, and practical steps for spouses, children, cohabitants, dependants and others seeking reasonable financial provision from an estate.
When someone dies, their estate is usually distributed according to the will they left or, if there is no will, under the statutory intestacy rules. In some cases, however, those arrangements may not make reasonable financial provision for certain people who depended on the deceased. In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) allows specific individuals to apply to the court for adjusted provision from the estate. This article explains who is eligible to make a family provision claim, how eligibility works in practice, what the law requires and key steps prospective claimants should understand.
What Is a Family Provision Claim?
A family provision claim is an application to a civil court under the Inheritance (Provision for Family and Dependants) Act 1975. It asks the court to alter how an estate is distributed when the will or intestacy laws fail to provide reasonable financial provision for an eligible person. The court is not changing the will itself but making a financial award from the estate if justified.
To make such a claim, a person must fall into one of the specific categories the Act recognises. The court will then assess factors such as financial need, size of the estate, and competing claims before deciding whether to grant an award and in what form.
Primary Eligible Claimants Under the 1975 Act
Under the legislation, only certain categories of people may apply for an order for financial provision from an estate. These are defined by reference to the deceased's relationship with the person or the nature of their dependency.
1. Spouses and Civil Partners
A surviving spouse or civil partner of the deceased may claim if the will or intestacy does not make reasonable financial provision for them. This includes those who were married to or in a civil partnership with the deceased at the time of death.
This category also extends to a former spouse or civil partner provided they have not remarried or formed a new civil partnership. A former spouse's claim recognises that they may have ongoing financial needs related to the previous marriage that were not addressed in the will or under intestacy.
2. Children of the Deceased
Children of the deceased are generally eligible to apply. This includes:
- Biological children
- Adopted children
- Adult children, not just minors
Children must show that the provision made for them is not reasonable, taking into account their financial position and needs.
3. Persons Treated as Children of the Family
In some family arrangements, a person may not be a biological or adopted child but was treated as a child of the family by the deceased (for example, stepchildren raised in the household). Such individuals may be eligible to claim, recognising their familial relationship with the deceased.
4. Cohabiting Partners
A cohabitee who lived with the deceased as if they were a husband, wife or civil partner for at least two years immediately before death may qualify. This category reflects the reality of modern family arrangements where long‑term partners who are not married or in a civil partnership may nonetheless have mutual financial dependencies.
5. Dependants Maintained by the Deceased
A broad category covers anyone who was being maintained, wholly or partly, by the deceased immediately before their death. This may include relatives or friends who depended on the deceased for financial support or were housed, cared for, or otherwise supported by them. The claimant must demonstrate that the deceased was making a substantial contribution, in money or money's worth, towards their reasonable needs before death.
What the Court Will Consider
Being eligible to make a claim does not guarantee success. The court applies a two‑part test:
- Has reasonable financial provision not been made?
The claimant must show that the will or intestacy does not provide a level of support appropriate to their maintenance needs. - Should provision be made and in what form?
If the first part is met, the court will consider various factors such as the claimant's financial resources and needs, size of the estate, obligations to other beneficiaries, and any conduct affecting the claim.
The remedy might include lump sum payments, periodical payments, property transfers, or other forms of financial support from the estate.
Time Limits and Filing Considerations
Family provision claims must usually be issued within six months of the grant of probate or letters of administration in the deceased's estate. This is a strict statutory deadline, though the court may allow a claim beyond this period in exceptional circumstances if the claimant can justify the delay.
Failing to act within six months can limit remedies and make it more difficult to obtain court‑ordered support.
Practical Steps Before Making a Claim
- Confirm eligibility by assessing whether your relationship or dependency falls into one of the statutory categories.
- Gather evidence of your financial position, the deceased's estate details, and any relevant correspondence or family history.
- Seek specialist advice from solicitors experienced in contentious probate or inheritance disputes.
- Assess timing, paying close attention to the six‑month limit to avoid losing the right to apply.
- Consider negotiation or mediation with other interested parties to resolve disputes without full court proceedings.
Common Questions About Eligibility
Can a friend make a claim?
A person with no familial or dependency relationship is generally not eligible unless they were genuinely maintained by the deceased. This is a higher test than mere friendship.
Does being named in a will affect eligibility?
Being named as a beneficiary does not preclude a family provision claim, but eligibility depends on category and need. Named beneficiaries often defend claims rather than make them.
Can a claim be successful if the claimant is financially secure?
The court assesses the claimant's resources alongside their needs; eligibility alone does not ensure an award.
Conclusion
A family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 enables certain individuals to seek adjusted financial provision from a deceased person's estate when the will or intestacy rules do not make reasonable financial provision for them. Eligible claimants include spouses and civil partners (current and former), children and those treated as children of the family, cohabiting partners, and dependants maintained by the deceased. Understanding eligibility, the statutory time limit, and how the court assesses financial need is essential before commencing a claim. Early assessment and specialist guidance can help prospective claimants navigate a potentially complex legal process and improve their prospects of securing appropriate provision.
