Inheritance Act Claims: How to Challenge a Will Fairly
Losing a loved one is never easy, and in some cases, the contents of their will can leave close family members or dependents feeling unfairly treated.
If a will fails to provide reasonable financial support, certain individuals may have the legal right to make an inheritance act claim.
This article explains who can make claims under the Inheritance (Provision for Property) Act 1975, what the courts consider when reviewing such claims, and how the process works, particularly for those seeking clarity on their rights and options.
What Is the Inheritance Act 1975 and Who Can Claim?
The Inheritance Act 1975 was designed to prevent financial hardship caused by unfair or unreasonable distributions of an estate.
It ensures that certain individuals who relied on the deceased financially, such as spouses, children and dependents, have the right to claim additional provisions from the estate.
These types of inheritance act claims are especially important for people who depended on the deceased but were left out of the will entirely—or not adequately provided for.
Who Is Eligible to Make an Inheritance Act Claim?
The law defines specific categories of individuals who may challenge a will under this Act:
- Spouses or Civil Partners – A surviving spouse may claim that the financial provision in the will is inadequate compared to what they would have received had the marriage continued.
- Former Spouses or Civil Partners – If the deceased’s will leaves out a former spouse who was financially dependent on them, they may be eligible to claim (unless remarried).
- Children – Biological, adopted, and sometimes even stepchildren, can claim that they were financially dependent on the deceased.
- Cohabitants – Those who lived with the deceased as a partner for at least two years before their death may be entitled to reasonable financial provision.
- Financial Dependents – Anyone financially supported by the deceased before their death may be eligible to claim.
Key Factors the Court Considers
Not every claim under the Inheritance Act 1975 is automatically successful.
The court weighs multiple factors when determining whether financial provision should be made, including:
- The financial needs and resources of the claimant.
- The size and nature of the estate.
- Any obligations or responsibilities the deceased had toward the claimant.
- The needs of other beneficiaries named in the will.
- The conduct of the claimant (particularly in cases involving estranged family members).
Judges aim to strike a balance between respecting the deceased’s testamentary freedom and ensuring fairness for those left behind.
Notable Cases in Inheritance Act Claims
Over the years, UK courts have set important precedents in Inheritance Act claims, shaping how claims are assessed.
Some key cases include:
– Ilott v Mitson (2017) – A landmark case where an estranged daughter successfully challenged her late mother’s will, leading to an increased award.
– Nahajec v Fowle (2017) – A case confirming that adult children can claim if their deceased parent failed to make reasonable provision for them.
– Re H (2020) – A ruling emphasising that cohabiting partners deserve recognition in inheritance disputes.
Protecting Your Rights Through an Inheritance Act Claim
The Inheritance Act 1975 protects those who might otherwise face financial hardship after a loved one’s death.
While the right to testamentary freedom remains fundamental, the law ensures that dependents and close family members receive fair and adequate financial support.
If you believe you’ve been unfairly excluded from a will, it’s important to understand your rights under the Inheritance Act and seek legal advice early.
Our experienced will dispute solicitors assist clients across West Sussex with claims under the Inheritance Act 1975, offering clear guidance and practical support every step of the way.