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Ensuring fair provision from an estate

Sometimes, a loved one’s will or the rules of intestacy fails to make reasonable financial provision for those left behind. If you’ve been excluded from a will or received less than you need or expected, you may be entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Our specialist inheritance solicitors have extensive experience in handling Inheritance Act claims and complex contentious probate matters with empathy, clarity, and strategic focus.

The Inheritance Act 1975 allows certain individuals to make a claim, including:

  • The spouse or civil partner of the deceased
  • A former spouse or civil partner who has not remarried or created a new civil partnership
  • Children of the deceased (including adult children)
  • Individuals treated by the deceased as a child of the family (including step-children)
  • Anyone financially supported by the deceased before their death

A claim must be brought within six months of the date of the Grant of Probate (or letters of administration), so acting quickly is essential. It is is sometimes possible for a claim to be brought outside of this time limit with the permission of the Court. We recommend seeking legal advice as soon as possible if you believe you have a claim.

If you need support with a claim under the Inheritance Act, our experienced team of trust and estate dispute solicitors is here to help, from initial assessment to resolution.

If you feel you’ve been unfairly left out of a will, or the rules of intestacy fail to make reasonable financial provision for you then contact us today for a free 15-minute consultation. We’ll help you understand your rights and options with confidence.

Wherever you are on your journey, our legal advisors can help. Call us today on 0330 024 0333 or complete our contact form.

Our Inheritance Act 1975 Claims team

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John Tunnard

Partner & Head of Bristol

Suzanne Leggott

Partner & Head of Private Wealth

Clare Hopkins

Consultant Solicitor

Andrew Wilkinson

Head of Trusts and Estates Disputes

Eleanor White

Contentious Probate Assistant

How our Inheritance Act 1975 Claims experts can help

Why choose Shakespeare Martineau?

  • Specialised expertise - Our team of dedicated trust dispute solicitors includes members of ACTAPS and STEP, reflecting our in-depth knowledge of trust disputes, contentious probate, and inheritance law. We offer practical legal guidance informed by years of experience resolving even the most complex trust litigation matters.
  • Comprehensive legal support - We provide end-to-end legal assistance in all areas of trust and probate disputes, including trustee misconduct, beneficiary disputes, and challenges to the validity of trusts. Our cross-disciplinary approach ensures every angle is covered, delivering tailored solutions to meet your specific needs.
  • Clear advice and transparent costs - From your initial free consultation to the conclusion of your case, we keep you fully informed about progress, strategy, and potential costs. We offer clear, jargon-free advice and explore all available funding options to make our services accessible and affordable.
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Inheritance Act 1975 Claims frequently asked questions

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to contest the terms of a Will (or the rules of intestacy) on the basis they fail to make reasonable financial provision for them.

It’s a way of ensuring dependants and close family aren’t left in financial hardship after someone’s death.

You may be eligible to claim if you were:

  • The spouse or civil partner of the deceased
  • A former spouse or civil partner (if not remarried)
  • A child of the deceased (including adult or stepchildren)
  • Someone treated as a child of the family
  • Financially dependent on the deceased at the time of their death

This depends on your relationship with the deceased. For spouses or civil partners, it generally means what is reasonable in all the circumstances, whether or not that means maintenance. For others, it typically means reasonable provision for that person’s maintenance.

Claims under the 1975 Act must be made within six months from the date of the grant of probate (or letters of administration). It is also possible to bring claims prior to the issue of a grant of probate (or letters of administration). Late claims may be allowed in exceptional cases with the Court’s permission, but timing is critical, therefore early legal advice is strongly advised. After issuing the claim you have a period of 4 months to serve the claim on the executors and beneficiaries.

Yes. If someone dies without a will (intestate) and you believe you’ve been unfairly excluded under the intestacy rules, you can bring a claim under the 1975 Act, provided you qualify under the Act.

If your claim is successful, the court (or a negotiated settlement) will award you financial provision from the estate — either as a lump sum, regular payments, or via a transfer of assets. The award depends on your needs and the size of the estate.

Not necessarily. Many claims are resolved through negotiation or mediation. However, if a fair agreement isn’t possible, court proceedings may be necessary. We will advise you on the best approach and support you throughout.

Possibly. If the promise wasn’t honoured in the will or intestacy, you may be able to pursue a proprietary estoppel claim or combine it with a 1975 Act claim. We can assess the best legal route for your circumstances.

Costs vary depending on complexity and whether the matter is resolved early or goes to court. We’ll explain all funding options clearly, including fixed fees, deferred fees or “no win, no fee” arrangements where appropriate. In some cases, legal costs may be recoverable from the estate.

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How the Inheritance Act 1975 Claims process works

Not everyone is aware of how the process of engaging Inheritance Act 1975 Claims solicitors works, so we’ve provided an overview below to give you some peace of mind

  1. The first stage is to get in touch with us using the button below – you will then be assigned to one of our Inheritance Act 1975 Claims specialists. Alternatively, you can reach us on 0330 024 0333.

  2. You’ll then receive a free 15-minute consultation within 24 hours via Zoom or telephone to discuss the issues you’re facing.

  3. You are then provided with a transparent breakdown of our costs and, if you would like to proceed, we send you a pack of onboarding documents

  4. Following this, we will guide and support you through the process of achieving a resolution that works for you and your family.

Wherever you are on your journey, our Inheritance Act 1975 Claims specialists are here to answer any questions you might have

If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours

Need to talk to someone sooner? You can call use at the number below

Call Us: 0330 024 0333

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