Has a member of your family died without make proper provisions for you as a member of their family, are you a wife or child etc. If this is happened you may be able to claim against the deceased person's estate under the Inheritance (Provision for Family and Dependents) Act 1975. Judges have a very wide discretion to redistribute assets if they consider that it would be just to do so.

Under the Inheritance Provision for Family and Dependents) Act 1975 the deceased must have been domiciled in England and Wales for 2 years prior to their death.


Who can apply under the Order

Only immediate family members can apply under the Act or their partners if they were living together as husband and wife or as civil partners.

An application under the Inheritance Provision for Family and Dependents) Act 1975 must be made within 6 months of the Personal Representative obtaining a grant of probate to allow them to administer the estate. If you are outside of this time limit you will need to apply to the Court for permission to be allowed to commence proceedings. Permission is usually given only in exception circumstances.

If you need to check when or if Probate has been granted you can apply for this information by filling in a PA1S for more information go to https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s


When the Judge considers your application he will be looking to see if

• how promptly and in what circumstances you sought an extension of time
• whether there were negotiations between you and the defendant(s) within the six-month time limit and, if so, whether those negotiations are ongoing
• whether the estate has been distributed before a claim is made or notified whether a refusal to extend time would leave  you without redress against anybody
• the strength of the your case
• any other considerations relevant to the application

There is only one ground for making a claim under the Inheritance Act and that is whether following the deceased's Will or under the laws of intestacy no reasonable financial provision has been made for the you as the Applicant.

Orders the Court Can Make

There are various orders the Court can make as follows:-

• an order for periodical payments for the applicant out of the net estate of the deceased for such term as may be specified in the order

• an order for the payment to the applicant of a lump sum out of the net estate

• an order transferring to the applicant specified property comprised in the net estate

• an order settling for the applicant's benefit specified property comprised in the net estate 

• an order for the acquisition out of property comprised in the net estate of specified property (obviously not already comprised in the estate) and for the transfer to the applicant, or the settlement for their benefit, of that property 

• an order varying any ante- or post-nuptial settlement (including such a settlement made by will) made on the parties to a marriage to which the deceased was a party—in this case the variation can only be for the benefit of the surviving party to that marriage, any child of the marriage or any person treated by the deceased as a child of the family in relation to that marriage 

• an order varying any settlement made during the subsistence of a civil partnership formed by the deceased or in anticipation of the formation of a civil partnership by the deceased—the variation can only be for the benefit of the surviving civil partner, any child of both the civil partners or any person treated as a child of the family in relation to that civil partnership.

Factors The Court Must Consider

When deciding what order to make under the Inheritance Act, the Court must first decide whether the Will of the deceased, or the laws of Intestacy, have made reasonable financial provision for the you and only if there is inadequate provision or no such provision has been made for you will the Court consider whether and in what manner it should exercise its powers. 

The factors that the court must by law consider when deciding these questions are as follows:-

1. the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;

2. the financial resources and financial needs which any other applicant for an order under the Inheritance Act from the estate of the deceased has or is likely to have in the foreseeable future;

3. the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;

4. any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of his estate;

5. the size and nature of the net estate of the deceased

6. any physical or mental disability of any applicant or any beneficiary of the estate;

7. any other matter, including the conduct of the applicant or any other person, which in the . circumstances of the case the court may consider relevant.

In cases where you are a spouse or civil partner, the court must also consider those factors which are considered important within divorce proceedings, such as the length of the marriage, or civil partnership, the contributions made by the parties to the family’s welfare and the age of the applicant.

In cases where you as the applicant are a child or step-child of the deceased, the court will consider how you are, or are, expected to be educated or trained. Regarding step-children, the court will look at the level at which the deceased had taken on responsibility for you and will consider whether any other person also had a responsibility to provide maintenance for you and whether the deceased person knew that they were not your birth parent.

In cases where a claim is brought by you as a person who was living with the deceased in a co-habitee relationship, the court will look at the level at which you were maintained and supported by the deceased and how long you had been in the relationship.

Each case is considered on its own merits and no two Judges will arrive at the same outcome although there is established case law which provides guidance in these matters.