Making a Will allows individuals to decide who should benefit from their estate after their death. While English law places significant importance on a person’s right to leave their assets as they choose, there are circumstances where that freedom can be challenged.
The Inheritance (Provision for Family and Dependants) Act 1975 provides a legal framework that enables certain individuals to bring a claim if they believe they have not received reasonable financial provision from an estate. These claims can arise even where a valid Will exists and, in some cases, where a person has died without making a Will at all.
Disputes of this nature are often emotionally charged, involving not only questions of law but also family relationships, financial dependency and expectations built up over many years.
Who Can Make a Claim?
The right to bring a claim under the Inheritance Act is limited to specific categories of people.
These include:
- A spouse or civil partner of the deceased.
- A former spouse or civil partner who has not remarried or entered into a new civil partnership.
- A child of the deceased.
- Someone who was treated as a child of the family, such as a stepchild.
- A person who was being financially maintained by the deceased immediately before their death.
- A cohabiting partner who lived with the deceased for at least two years immediately before their death as though they were married or in a civil partnership.
What Does “Reasonable Financial Provision” Mean?
The answer depends on who is bringing the claim.
For spouses and civil partners, the court has a relatively broad discretion and may consider what would be reasonable in all the circumstances. In some cases, this can result in awards which go beyond basic maintenance needs.
For other applicants, including adult children, cohabitees and dependants, the court will generally focus on whether sufficient provision has been made for their maintenance. This distinction is often central to the outcome of a claim.
The court is not tasked with rewriting a Will simply because someone feels they have been treated unfairly. Instead, it must consider whether the provision made, or lack of provision, is reasonable in the particular circumstances of the claimant.
What Will the Court Consider?
Section 3 of the Act sets out the factors which the court must take into account when deciding the value of a claim.
These include:
- The financial resources and needs of the person bringing the claim.
- The financial resources and needs of any beneficiaries of the estate.
- The size and nature of the estate.
- Any obligations or responsibilities the deceased had towards the applicant or beneficiaries.
- Any physical or mental disability affecting the parties involved.
- Any other matter the court considers relevant.
The court will undertake a careful balancing exercise, considering the position of all parties and the circumstances of the estate as a whole.
For example, a claimant with significant financial needs may find their position balanced against the needs of a surviving spouse. Equally, an estate of modest value may limit the extent to which any award can be made, regardless of the claimant’s circumstances.
What Can We Learn from Reported Cases?
Claims under the Inheritance Act continue to attract substantial media attention and regularly serve as reminders that inheritance disputes are rarely straightforward.
One of the most widely publicised cases was Ilott v The Blue Cross and Others, which reached the Supreme Court in 2017. The claim was brought by an adult daughter who had been estranged from her mother for many years and had been excluded from her mother’s Will, which left the estate largely to charities. The case highlighted the tension between testamentary freedom and the court’s ability to make provision for family members who have genuine financial needs. Ultimately, the Supreme Court reinstated a more modest award made by a lower court, reinforcing the importance of examining the specific facts of each case.
Another notable case was Miles v Shearer, where two adult daughters challenged their late father’s Will after being excluded from benefiting from his estate. Despite the value of the estate, the court dismissed the claims, finding that neither daughter had demonstrated a sufficient need for maintenance. The decision serves as a useful reminder that adult children do not have an automatic right to inherit and that financial need remains a key consideration in many claims brought under the Inheritance Act.
Acting Promptly Is Important
Inheritance Act claims are subject to strict time limits. In most cases, proceedings should be issued within six months of the grant of probate or letters of administration.
Whether you are considering bringing a claim, defending one, or acting as an executor faced with a potential dispute, obtaining specialist legal advice at an early stage can be crucial. Early advice can help preserve evidence, explore opportunities for settlement and ensure that important deadlines are not missed.
Every Case Is Different
While reported cases provide useful guidance, there is no formula for predicting the outcome of an Inheritance Act claim
The court will consider the circumstances of the deceased, the claimant, the beneficiaries and the estate itself before reaching a decision. Relationships, financial circumstances, health issues and competing needs can all influence the final outcome.
As a result, every claim under the Inheritance Act turns on its own facts.
If you are concerned about a Will, believe that reasonable financial provision has not been made, or are dealing with a challenge to an estate, Spire Solicitors’ experienced Dispute Resolution team can provide clear, practical advice tailored to your circumstances. We are here to guide you through what can often be a complex and sensitive area of law, helping you understand your options and work towards the best possible outcome.
