Losing a loved one is always a deeply emotional experience, but for many people, grief is made even harder by financial uncertainty or the shock of being left without reasonable support from the estate. In some cases, a will may fail to provide properly for those who depended on the deceased, or someone may be left with little or nothing despite a close and financially important relationship.

This is where claims under the Inheritance Act can arise. The Financial Provision for Family and Dependants Act 1975 allows certain individuals to apply to the court for reasonable provision from an estate, even where there is a valid will or where the estate is distributed under intestacy rules.

At Expert Family Law, we connect individuals with experienced professionals whose solicitors specialise in inheritance disputes, helping clients understand whether they are entitled to make a claim, protect their rights, and seek fair financial support during an already difficult time.

What is an Inheritance Act Claim?

An inheritance act claim is a legal claim made under the Financial Provision for Family and Dependants Act 1975.

It allows certain people to ask the court for reasonable financial provision if they have not been adequately provided for from the estate of someone who has died.

This does not mean challenging whether the will is valid. Instead, it focuses on whether the person making the claim should receive greater financial support from the estate.

This can apply where:

• There is a valid will but insufficient provision has been made
• The deceased died without leaving a will
• The intestacy rules do not produce a fair outcome
• Someone was financially reliant on the deceased but not properly protected

These are some of the most common claims under the inheritance legislation in England and Wales.

Who is Entitled to Make a Claim?

Not everyone can make a claim. The law sets out specific categories of people who may be entitled to make a claim.

This can include:

• A spouse or civil partner
• Former spouses or former civil partners in some circumstances
• Children of the deceased
• Adult children in some cases
• A person treated as a child of the family
• Someone who was living with the deceased as a partner
• A partner of the deceased who was not married
• Someone who was financially dependent on the deceased
• Someone maintained by the deceased

The court will look closely at the relationship with the deceased, the financial circumstances of both parties, and the overall size of the estate.

This means that even where someone is not named in the will, they may still have the right to seek provision.

What Does Financial Provision Mean?

Reasonable financial provision depends on the circumstances of the case and the relationship involved.

It may include:

• Ongoing financial support
• A lump sum payment
• Housing provision
• Help with mortgage or rent payments
• Support for living expenses
• Funds for education or medical needs

For a surviving spouse or civil partner, the court may consider what would be reasonable in the context of the marriage or civil partnership.

For others, such as adult children or dependants, the focus is often on maintenance and practical financial need. Every case is highly fact-specific, which is why early expert advice is so important.

What Factors Does the Court Consider?

The court does not simply look at whether someone feels unfairly treated. It considers a range of legal factors before deciding whether additional provision from an estate should be made.

These include:

• The applicant’s financial needs and resources
• The financial needs of other beneficiaries
• The size and nature of the estate
• The applicant’s obligations and responsibilities to the deceased
• Their relationship with the deceased
• Whether they were maintained by the deceased
• Any physical or mental disability
• The conduct of the parties where relevant

This careful balancing exercise is why inheritance claims require specialist legal analysis rather than general advice.

Time Limits for Bringing a Claim for Financial Provision

One of the most important issues in inheritance disputes is the time limit.

Most claims under the inheritance legislation must be made within six months from a claim under the Inheritance Provision for Family and Dependants Act 1975 starting from the date probate is granted.

This means six months from the grant of representation, not from the date of death.

Missing this deadline can make bringing a claim much more difficult and may require special permission from the court.

Because of this strict time limit, it is essential to seek legal advice as early as possible.

Delays can seriously affect your position.

Can You Claim If There Is a Valid Will?

Yes. Many people wrongly assume that a valid will cannot be challenged.

An inheritance act claim does not attack the validity of the will itself. Instead, it asks whether the will or the intestacy outcome fails to provide reasonable support.

For example:

• A surviving partner may be left without housing security
• A child may be excluded despite financial need
• A cohabiting partner may receive nothing under intestacy rules
• Someone who was clearly financially dependent may be left unsupported

In these situations, the court can order additional provision without invalidating the will.

Can Unmarried Partners Bring a Claim?

Yes, in some cases. A non-married partner of the deceased may still be able to claim if they were living together as though married for the required period before death, or if they were otherwise maintained by the deceased.

This is particularly important because intestacy rules often provide no automatic inheritance rights for unmarried couples.

This means many people only realise the legal problem after bereavement, when they discover they are not protected despite years of shared life and financial dependence.

What Happens During an Inheritance Act Claim?

The process usually begins with obtaining legal advice and assessing whether there are valid grounds for a claim.

This may involve:

• Reviewing the will or intestacy position
• Understanding the estate value
• Examining financial circumstances
• Gathering evidence of dependency
• Assessing the applicant’s financial needs

Many cases are resolved through negotiation rather than court, particularly where both sides want to avoid lengthy litigation during an already difficult time.

However, if settlement cannot be reached, court proceedings may be necessary.

Do Inheritance Act Claims Go to Court?

Not always. Many inheritance disputes settle through:

• Solicitor negotiation
• Mediation
• Settlement discussions

This can save time, reduce costs, and avoid the stress of formal litigation. However, where agreement cannot be reached, court action may be required to secure fair provision. This is why working with contentious probate solicitors who specialise in these cases is so important.

They understand both negotiation strategy and formal litigation if needed.

Are Inheritance Act Claims Win No Fee?

Many people ask whether inheritance disputes can be handled on a win no fee basis. The answer depends on the strength and circumstances of the claim. Some solicitors may offer conditional fee arrangements, while others may charge on a private basis depending on complexity and risk.

It is important to get clear advice on legal costs at the outset. At Expert Family Law, we help connect clients with professionals who can explain available funding options clearly and transparently.

Why Specialist Solicitors Matter

Inheritance disputes are legally and emotionally complex. These cases involve:

• Strict deadlines
• Sensitive family relationships
• Significant financial consequences
• Complex legal tests
• Risks around legal costs

Working with professionals who understand the Financial Provision for Family and Dependants Act 1975 is essential.

Our network includes firms regulated by the Solicitors Regulation Authority, giving clients confidence that they are receiving high-quality professional support.

Getting early expert advice can often be the difference between protecting your rights and losing the opportunity to claim.

How Can Expert Family Law Help?

At Expert Family Law, we understand that inheritance disputes happen at one of the hardest moments in life.

We connect people across England and Wales with experienced professionals whose solicitors specialise in inheritance disputes and claims for reasonable financial provision.

We can help with:

• Claims under the inheritance legislation
• Claims for a spouse or civil partner
• Cases involving unmarried partners and civil partners
• Claims where someone was financially dependent
• Disputes involving family members and beneficiaries
• Advice on funding options including possible win no fee arrangements

Our goal is to provide practical support and clear legal guidance when you need it most.

Speak to Inheritance Act Claim Solicitors Today

If you believe you have been unfairly left without reasonable support from a loved one’s estate, do not wait.

Strict deadlines apply, and early action can make a major difference.

Expert Family Law can connect you with experienced inheritance dispute professionals who can assess whether you are entitled to make a claim, protect your position, and help you secure fair provision from an estate.

Getting the right advice early can protect both your financial future and your peace of mind.