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.
Understand who can make a family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales. Learn the statutory eligibility categories, examples of qualifying relationships, and key requirements for bringing a claim for reasonable financial provision from a deceased person's estate.
When someone dies and leaves a will-or dies without one (intestacy)-certain individuals may feel that the estate does not reasonably provide for them. English law recognises this possibility through the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), which allows eligible people to make a family provision claim for financial support from the deceased's estate. This article explains clearly who qualifies to bring such a claim, the legal categories of claimant, and why eligibility matters in the court process.
What Is a Family Provision Claim?
A family provision claim is an application to the court asking it to make financial provision from a deceased person's estate where the will or the intestacy rules have not made reasonable financial provision for the claimant. This mechanism is designed to protect people who had close personal or financial relationships with the deceased and who might otherwise be left without adequate support.
Not everybody with a grievance about a will can make a claim. Only individuals who fall into specific statutory categories under the Act are eligible to apply.
Eligibility: Statutory Categories of Claimant
Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 defines the classes of people who can make a family provision claim if reasonable financial provision has not been made for them. The key categories are:
Spouses and Civil Partners
The deceased's surviving spouse or civil partner is entitled to apply if the estate fails to provide them with reasonable financial support.
Former Spouses and Former Civil Partners
A former spouse or civil partner may also apply if they have not remarried or formed a new civil partnership since the divorce or dissolution of their civil partnership.
Cohabiting Partners
A person who lived with the deceased as if they were married or civil partners for at least two years immediately before death may qualify. This recognises long‑term partners in stable relationships even without a formal marriage or civil partnership.
Children of the Deceased
Biological and adopted children of the deceased can bring a claim, regardless of their age. This includes adult children if reasonable financial provision was not made for them in the will or under the intestacy rules.
People Treated as Children of the Family
Individuals who were treated as the deceased's child-for example, stepchildren or young persons brought up as part of the family-may also be eligible.
Financial Dependants
A broader category covers people who were being maintained, wholly or partly, by the deceased immediately before their death. This category may include relatives or others who relied on the deceased for financial support. However, recent legislative interpretation requires that the deceased made a substantial contribution to the claimant's reasonable needs.
Why the Categories Matter
Eligibility is a threshold requirement. Even if someone feels they were unfairly left out of a will or inadequately provided for, they cannot make a family provision claim unless they fall into one of the statutory categories. For example, a distant relative or friend typically cannot bring a claim unless they were being maintained by the deceased.
Once eligibility is established, the claimant must then show that the will or intestacy rules fail to make reasonable financial provision for them. Only if both conditions are met can the court consider adjusting the estate's distribution in the claimant's favour.
Practical Examples of Eligible Claimants
To illustrate eligibility, the following are typical situations where a family provision claim may be possible:
- A surviving wife or husband of the deceased who has been left with insufficient funds for maintenance.
- An ex‑partner who did not remarry and now lacks financial provision.
- An unmarried partner who lived with the deceased for more than two years and relied on them financially.
- A child, whether adult or minor, who expected reasonable provision that was not made.
- A stepchild treated and supported as if they were the deceased's child.
- A person who received regular financial support or lived rent‑free with the deceased due to their contribution.
Other categories exist, but the common thread is a close personal or financial relationship with the deceased recognised by statute.
Time Limits for Making a Claim
Eligibility alone is not sufficient; there is also a strict time limit for issuing a family provision claim. Generally, a claim must be issued within six months of the date on which the Grant of Probate or Letters of Administration is issued. The court may allow a late application in exceptional circumstances at its discretion, but this is not automatic.
Missing this deadline without the court's permission usually bars the claim. Acting early and obtaining legal advice promptly is therefore crucial for eligible individuals.
What Happens After Eligibility Is Established?
Once an eligible claimant issues a family provision claim, the court considers whether the estate's provisions are reasonable for that person's maintenance needs. The court balances factors such as the claimant's financial resources and needs, the size of the estate, obligations of the deceased, and the needs of other beneficiaries. Only if the court is satisfied that reasonable financial provision has not been made will it exercise its discretion to adjust the estate.
Key Takeaways
Under the Inheritance (Provision for Family and Dependants) Act 1975, only certain individuals can make a family provision claim if they believe the deceased's will or the intestacy rules have not made reasonable financial provision for them. Eligible claimants include:
- Surviving spouses and civil partners, and some former partners.
- Cohabiting partners who lived with the deceased for at least two years.
- Children and people treated as children of the family.
- Individuals financially dependent on the deceased's support.
Establishing eligibility is a necessary first step in the legal process for a family provision claim, followed by demonstrating that reasonable financial provision was not made. There are strict time limits and legal criteria, so early assessment and professional advice are essential for prospective claimants.
