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 detailed guide to who can make a family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales. This article explains the eligible claimant categories, including spouses, civil partners, children, cohabitees, dependants and more, with clear legal context and practical guidance.
When a person dies and their estate is distributed by a will or under the statutory rules of intestacy, some individuals may feel that the financial provision made for them is inadequate or nonexistent. In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 provides a legal framework for certain eligible people to apply to the court for reasonable financial provision from the deceased's estate. This article explains in clear terms who can make a family provision claim, the legal categories of eligible claimants, and the practical context for these rights.
What Is a Family Provision Claim?
A family provision claim is a court application under the Inheritance (Provision for Family and Dependants) Act 1975 (often called the Inheritance Act). It allows specified individuals to ask the court to vary the distribution of an estate where the will or the rules of intestacy fail to make reasonable financial provision for them. The court can then order an award from the estate that meets that claimant's financial needs.
Why Eligibility Matters
Not everyone can make a family provision claim. The 1975 Act sets out specific categories of eligible claimants based on their relationship with or dependence on the deceased. A person must fall within one of these categories at the time of death to bring a claim. A disappointed beneficiary who does not fall into an eligible category cannot pursue a claim under this Act solely on the grounds of discontent with a will.
Statutory Categories of Eligible Claimants
The Inheritance Act defines who can make a claim under section 1(1) of the Act. The categories are as follows:
Spouse or Civil Partner
A surviving spouse or civil partner of the deceased can bring a claim if they believe that the estate does not make reasonable financial provision for them. This is typically the broadest class of claimant and includes individuals married to or in a civil partnership with the deceased at the date of death.
Former Spouse or Civil Partner
A former spouse or civil partner may be eligible if they have not remarried or entered into a new civil partnership following the end of their relationship. This category recognises ongoing financial needs that may persist after separation or divorce.
Cohabitee
A cohabitee is an individual who lived with the deceased in the same household as if they were spouses or civil partners “as husband and wife” or in a similar civil partnership‑like relationship. A cohabitee claimant usually must have lived with the deceased for a continuous period of at least two years immediately before death to qualify.
Child of the Deceased
A child of the deceased can be a claimant. This includes both biological and adopted children and extends to adult children, even if they are over 18. The Act recognises that adult children may nonetheless have financial needs.
Person Treated as a Child of the Family
This category covers individuals who were treated by the deceased as a child of the family. This can include stepchildren or dependants brought into the household who were not the deceased's biological or adopted children.
Financial Dependants
A person who was being maintained by the deceased immediately before they died may also be eligible to bring a claim. This broad category applies where the claimant was financially supported by the deceased, even if they are not a family member in the traditional sense. Evidence of maintenance may include financial support for living expenses, education, health costs or other needs.
Understanding the Categories in Context
Spouses and Civil Partners
Because spouses and civil partners often have ongoing financial obligations and shared lives with the deceased, the court typically assesses what would have been reasonable provision for them, often comparing it to what might have been expected in a divorce context.
Former Partners
Former spouses and civil partners may claim where their financial circumstances remain dependent on provision from the estate, for example if a divorce settlement did not adequately provide for long‑term needs.
Cohabitees
Unmarried partners who lived together before death can claim if they have a qualifying cohabitation period, recognising that long‑term cohabitation may create legitimate expectations of support similar to married partners.
Children and “Child‑like” Claimants
Children, both minor and adult, have clear rights to claim under the Act where provision for basic maintenance is inadequate. People treated as part of the family, such as stepchildren, may also be included where the deceased acted in a parental way towards them.
Financial Dependants
This category is wide and includes carers, relatives, or others who relied on the deceased for financial support. A key factor is whether the claimant was being supported by the deceased before they died.
Time Limits and Practical Steps
To preserve the right to bring a claim, any application under the Inheritance Act must normally be issued within six months of the date on which the Grant of Probate or Letters of Administration is first taken out. Missing this time limit may mean applying for the court's permission to proceed out of time, which is not guaranteed and depends on the circumstances.
Prospective claimants should identify their eligibility early, gather supporting evidence of their relationship and financial circumstances, and consider seeking professional guidance, as the process involves strict procedural requirements and substantive legal tests.
Common Misconceptions
There are several frequent misunderstandings about family provision claims:
- Not all disappointed beneficiaries can claim: Only those in eligible categories are entitled to bring a claim; mere dissatisfaction with a will's outcome is insufficient.
- Adult children have rights: Age alone does not exclude a child from eligibility; adult children can claim if reasonable financial provision has not been made.
- Cohabitation must meet criteria: Unmarried partners must usually show they lived together for a qualifying period before death.
Key Takeaways
A family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 allows only a defined set of people to apply for reasonable financial provision from a deceased person's estate in England and Wales. Eligible claimants include spouses, civil partners, former partners, qualifying cohabitees, children (including adult and adoptees), individuals treated as children of the family, and persons who were financially maintained by the deceased immediately before death. Claims must generally be issued within six months of the grant of probate or letters of administration. Understanding eligibility and acting promptly are essential to preserve rights, and early professional advice is often beneficial given the legal complexities involved.
