Inheritance Act Claims

Practical guidance on making or defending claims under the Inheritance (Provision for Family and Dependants) Act 1975

Losing a loved one is emotionally challenging, and the situation can become even more distressing if the Will or distribution of the estate does not reflect your expectations or leaves you without adequate financial support. In some cases, individuals who were financially dependent on the deceased, or who had a close personal relationship with them, may be entitled to bring a legal claim against the estate.

These claims are known as Inheritance Act claims, governed by the Inheritance (Provision for Family and Dependants) Act 1975. They allow eligible individuals to seek reasonable financial provision from an estate where the Will (or intestacy rules) has failed to do so.

However, these claims are time-sensitive and legally complex. Strict limitation periods apply, and delay can significantly reduce the options available. It is often unclear at the outset whether a claim is likely to succeed, what level of provision might be considered “reasonable”, or how the court may approach competing interests between beneficiaries. Early advice can help clarify your position and avoid unnecessary delay or tactical disadvantage.

At Ellis-Fermor & Negus, we advise both claimants and those defending claims, including executors and beneficiaries. We understand that these disputes are often sensitive and emotionally charged, particularly where family relationships have broken down or expectations differ from the terms of the Will. Our approach combines technical legal expertise with clear, practical advice, helping you understand your options and focus on the issues that are most likely to influence the outcome.

We work to resolve disputes constructively where possible, while ensuring your position is properly protected if court proceedings become necessary, always aiming to minimise stress and delay.

Have a question? Jump to our FAQs ↓

Two solicitors engaged in discussion over legal documents during a consultation at Ellis-Fermor & Negus office.

Make a Free Enquiry Today

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

infomation@ellis-fermor.co.uk

A professional solicitor from Ellis-Fermor & Negus in a striped shirt and tie, representing approachable legal advice in the East Midlands.

‘Tim was always calm and caring….we cannot thank him enough for bringing this lengthy dispute to a successful conclusion. We would highly recommend Tim Jones at Ellis-Fermor & Negus’

Tim Jones

Director and Solicitor

Talk to our team

Why choose Ellis-Fermor & Negus?

Specialist department led by Director, Tim Jones – a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and the Contentious Trusts Association (CONTRA).

Consistent track record of resolving cases, often by negotiation or mediation.

We do not operate on a high-volume model, allowing us to give each case the care and attention it deserves.

Experience acting for all parties – claimant, defendant, executor or beneficiary – with a clear understanding of how each side approaches risk and resolution.

Backed by an experienced team specialising in wills, probate and estate administration, working alongside our contentious probate specialists.

Speak to our team today to explore your options with no obligation

Meet the team

Portrait of a male solicitor in a striped shirt and tie, representing Ellis-Fermor & Negus solicitors in the East Midlands.

Tim Jones

Dispute Resolution/Litigation Tim qualified as a solicitor in 2012 having previously studied at the University of Sheffield and Nottingham Law School. He joined Ellis-Fermor & Negus in 2010 and became a Director in 2025. Tim provides advice and representation in relation to a range of civil disputes but with a particular emphasis on:- Inheritance disputes/contested…

01159 725 222

t.jones@ellis-fermor.co.uk

Tim Jones is based at our Long Eaton Office.

View profile

Charlotte Price

Charlotte qualified as a Solicitor in 2025 having joined the firm as a trainee in 2023. Prior to that, she studied LLB Law at the University of Nottingham, graduating in 2022 with a first. She then completed the LLM Legal Practice Course at Nottingham Law School. Charlotte provides advice on a range of civil disputes…

0115 972 5222

Charlotte.Price@ellis-fermor.co.uk

Charlotte Price is based at our Long Eaton Office.

View profile

Solicitors discussing legal matters during a consultation at Ellis-Fermor & Negus in Beeston

Reviews, what our clients are saying…

‘We met Tim Jones at a very anxious time for us …..he was kind and caring going the extra mile to ease our concerns. Tim was very knowledgeable and professional. Tim kept us updated at all times during the process… his advice was always sensible .Tim was very approachable ..we would highly recommend Tim and will use him again we trust him …’

‘Darren, Sarah and the team were incredible – so supportive and understanding throughout the process. This was my first experience requiring a solicitor of this nature, and they took the time to explain the steps clearly and answer all my (many) questions. They always answer the phone first time, respond to emails quickly and handled the whole situation very swiftly, professionally and with care, with a positive result at the end. Thank you so much Darren, Sarah and team!’

‘Ben provided me with some excellent advice and dealt with my matter swiftly and efficiently. His friendly but professional manner and the way he described and explained the various clauses gave me the confidence that I needed to sign the documentation without hesitation. Thanks also goes to Eliza for making the necessary arrangements and keeping me informed.’

‘EF&N responded to my initial enquiry very diligently and quickly. That level of service continued through to closing out the matter. We are very satisfied with the service provided by Darren Kelly and his team. Lines of communication were clear. The EFN team were easy to contact and responded to correspondence quickly. EFN will be our ‘go to’ firm of solicitors for all legal matters in future. Many thanks.’

‘Tim jones, acted quickly and made sure to give me time of day even with my busy schedule. Tim made things super easy to understand. Will definitely use again if needed, and recommend Tim, thankyou.’

Frequently Asked Questions

An Inheritance Act claim allows certain individuals to challenge the financial provision made for them from a deceased person’s estate. These claims focus on reasonable financial provision, rather than strict entitlement under a Will or intestacy rules.

Claims may arise where:

A person has been left out of a Will entirely
The provision made is insufficient to meet their reasonable needs
The intestacy rules fail to reflect the deceased’s real-life relationships

The law sets out who may bring a claim, including:

Spouses or civil partners
Former spouses or civil partners, provided they have not remarried
Cohabitees, who lived with the deceased for at least two years before death
Children, including adult children, adopted children, stepchildren, or those treated as children of the family
Financial dependants, meaning anyone maintained by the deceased immediately before death

Claims can be made whether or not there is a Will. However, strict time limits apply, and failure to act promptly can significantly weaken or prevent a claim.

When deciding whether reasonable financial provision has been made, the court considers a wide range of factors. There is no automatic entitlement, and every case is assessed on its own facts.

Key factors include:

The claimant’s current and future financial needs and resources
The financial needs and expectations of other beneficiaries
The size, nature, and value of the estate
The relationship between the claimant and the deceased
Any obligations or responsibilities the deceased had towards the claimant
The age, health, and conduct of the parties
Any other relevant circumstances

Because outcomes can vary, early legal advice is essential to assess prospects realistically and develop a proportionate strategy.

Many claims are resolved through negotiation or mediation, allowing parties to reach a private settlement without the cost, delay, and publicity of court proceedings.

Inheritance Act claims must usually be issued within six months of the Grant of Probate or Letters of Administration being issued.

Applications made outside this timeframe require court permission, which is not guaranteed. The court will consider factors such as:

The reason for the delay
Whether the estate has already been distributed
Whether beneficiaries would be prejudiced

Delays can significantly reduce your chances of success.

1. Assess eligibility

Your solicitor will assess whether you qualify under the Act and whether the claim has reasonable prospects.

2. Gather financial evidence

This includes details of your income, expenditure, assets, liabilities, and future needs, as well as information about the estate.

3. Pre-action correspondence and negotiation

Formal letters are sent to the executors and beneficiaries, setting out the basis of the claim and inviting negotiation.

4. Alternative dispute resolution

Mediation or settlement discussions often resolve claims efficiently and cost-effectively.

5. Court proceedings (if necessary)

If settlement is not possible, court proceedings can be issued to protect your position.

We regularly act for:

Claimants seeking reasonable financial provision
Executors responding to claims against an estate
Beneficiaries defending their inheritance

Our experience on both sides of Inheritance Act claims allows us to provide balanced, realistic advice and robust representation. We assist with:

Merits assessments and risk analysis
Strategic negotiation and settlement
Court applications and hearings
Protecting executors from personal liability

Funding options depend on the circumstances of the case and may include:

Private funding, often suitable for higher-value estates
Conditional fee agreements (no win, no fee) in appropriate cases
Legal expenses insurance, where available

We explain funding options clearly at the outset, so you understand potential costs and risks before proceeding.

Inheritance Act claims can become more complex if:

• Eligibility under the Act is disputed

• Financial disclosure is incomplete or delayed

• Emotions escalate family conflict

• Deadlines are missed

• Estates are distributed too early

Early specialist advice can prevent these issues and significantly improve outcomes.

Eligible applicants include spouses, former spouses (who have not remarried), cohabitees of at least two years, children (including adult, adopted, or stepchildren), and anyone financially maintained by the deceased before death.

For spouses, this may be what is reasonable in all the circumstances. For other claimants, it usually means provision sufficient to meet their reasonable maintenance needs, rather than an equal share of the estate.

Claims must usually be issued within six months of the Grant of Probate or Letters of Administration. Extensions are discretionary and not guaranteed.

Yes. Most Inheritance Act claims are resolved through negotiation or mediation, often resulting in faster, more cost-effective outcomes.

Yes, provided you fall within one of the eligible categories and can show that reasonable financial provision has not been made for you.

This can complicate matters and reduce prospects of success. Early advice is critical to avoid this situation.

You may be ordered to pay some or all of the legal costs. A solicitor will assess risks carefully and advise before proceedings are issued.

Negotiated settlements may take a few months. Court proceedings can take 12–18 months or longer, depending on complexity.

While not legally required, specialist advice is strongly recommended due to the complexity, financial risk, and strict deadlines involved.

If you believe you may have grounds for an Inheritance Act claim, or you are defending one, early advice is essential.

• Phone:

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

• Email: infomation@ellis-fermor.co.uk

• Online Enquiry: ellis-fermor.co.uk/contact-us

Get expert advice on Inheritance Act claims today

Speak to us without obligation