Inheritance Act Claims

Inheritance Act Claims for Financial Provision Under The Inheritance and Dependants Act 1975


Inheritance Act Claims are an effective legal process for those unfairly excluded from a Will, or left with too little to meet their need after a loved one passes away. If you believe that the Will or intestacy has failed to make reasonable financial provision for you, you may be entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

At Lupton Fawcett, we understand how difficult it is to consider an Inheritance Act Claim during a period of bereavement. Our experienced team is here to guide you with sensitivity, clarity, and legal precision. With offices in Leeds, Sheffield, and York, we are trusted by individuals and families across Yorkshire and throughout England and Wales to resolve financial provision claims as part of Inheritance Act Claims.

Whether you are seeking to claim additional provision from an estate, or defending an Inheritance Act claim brought against your inheritance, our solicitors will provide strategic advice and determined representation tailored to your circumstances. To speak to one of our specialist Inheritance Act Claims Solicitors in confidence, call us today or complete the enquiry form.

Why choose Lupton Fawcett?


At Lupton Fawcett, our team of Wills, Trusts & Estates Disputes Solicitors is widely recognised for its technical expertise and empathetic client care. We have a strong track record of successfully representing spouses, cohabitees, children, dependants, and estate representatives in a wide range of claims under the Inheritance Act.

Led by Kate Saunders, a senior solicitor with over a decade of dedicated experience in contentious estates, and Sam Hirst, a skilled litigator known for resolving emotionally complicated matters, our team is accredited by the Association of Contentious Trust and Probate Solicitors (ACTAPS) and regularly acts in high-value and sensitive disputes across the country.

We are known for achieving early, cost-effective outcomes through negotiation and mediation, but we are equally prepared to litigate complex cases to trial where needed. Our aim is always to protect your interests while minimising conflict and stress. Choosing Lupton Fawcett means choosing a firm that combines legal excellence with practical understanding. We are here to support you from the very first conversation through to resolution, whether inside or outside of court.

What is the Inheritance Act?


The Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the Inheritance Act, allows certain people to apply to the Court for reasonable financial provision from the estate of someone who has died, if that provision has not been made for them in the Will or under the rules of intestacy.

While individuals are generally free to leave their estate as they wish, the law recognises that, in some circumstances, this freedom may result in unfairness, particularly where someone was financially dependent on the deceased or shared a close family relationship. The Inheritance Act provides a vital legal safety net for those who have been left in financial difficulty following a death.

An Inheritance Act claim does not seek to challenge the validity of the Will itself. Instead, it allows the Court to adjust the distribution of the estate to ensure that reasonable provision is made for the applicant, based on their financial needs and the circumstances of the case. At Lupton Fawcett, we advise clients on both sides of Inheritance Act claims, whether you are bringing a claim for greater provision, or defending an estate against one. Our team provides clear, compassionate advice from the outset, helping you understand your rights and what outcomes may be realistically achieved.

Common Scenarios Where Inheritance Act Claims Arise


Inheritance Act claims can arise in many different family structures and life circumstances. While each case is unique, certain patterns frequently appear. Understanding these can help you assess whether a claim may be appropriate.

Disputes often arise where a person has been financially dependent on the deceased, but the Will or intestacy rules leave them with nothing or too little. For example, a long-term partner may find themselves excluded entirely from the estate, even after decades of living together. Similarly, adult children who were receiving regular support may be left without adequate provision due to strained relationships or the influence of new partners.

We also see claims involving second families, where a Will favours children from a new relationship while excluding a former spouse or adult children from a previous marriage. In some cases, carers or close friends who provided significant support may find themselves unfairly left out despite the deceased having taken steps to help them in life. Whatever the background, if the lack of provision leaves you in financial need, the Inheritance Act may offer a route to redress. Our solicitors will assess your position in full and advise you clearly on the prospects of success.

Types of Awards Made Under the Inheritance Act


If the court agrees that reasonable financial provision has not been made, it has wide powers to vary the distribution of the estate. The type of award made will depend on the claimant’s needs, the nature of the estate, and the facts of the case.

Common outcomes include:

  • Lump sum payments to cover living expenses, debts, or essential needs.
  • Lifetime interest in property, a right to occupy, or even ownership of a home, particularly if it was shared with the deceased.
  • Maintenance in the form of regular income from the estate or a trust arrangement designed to meet ongoing financial needs.
  • For child claimants, awards can include provision for education, accommodation, or long-term support.
  • Our role is to help you understand what is realistic in your case and pursue an outcome that meets your needs both now and in the future. We are experienced in negotiating settlements and securing court orders that reflect our clients’ true financial position.

    How Lupton Fawcett Helps Resolve Inheritance Act Claims


    At Lupton Fawcett, we recognise that Inheritance Act claims often arise at a time of deep personal loss and heightened family tension. Our role is to reduce the stress and uncertainty for you by providing calm, decisive legal guidance at every stage of your case.

    Early Case Assessment

    We begin by carefully reviewing your circumstances, the terms of the Will or intestacy, and the financial position of the estate. From the outset, we provide clear, honest advice about the strength of your claim, your eligibility, and the likely outcome, so you can make informed decisions from the very start.

    Negotiation & Mediation

    Many Inheritance Act claims can be resolved without going to court. We are experienced in handling negotiations sensitively but firmly, and we regularly represent clients in mediation, a structured process that gives both parties a chance to reach agreement with the help of an independent mediator.

    Mediation can be particularly effective in preserving family relationships and reducing legal costs. Our solicitors are skilled in preparing for and participating in mediation, ensuring you are fully supported throughout.

    Court Proceedings

    When a fair resolution cannot be reached, we are fully prepared to pursue or defend your claim through the courts. Our solicitors have substantial litigation experience, including representation in the High Court and County Court in both straightforward and highly complex disputes. You can rely on us to represent your interests with determination and expertise, while keeping you informed at every step. Whether your matter involves a modest estate or substantial, multi-jurisdictional assets, we will tailor our approach to meet your needs and objectives.

    Frequently Asked Questions About Inheritance Act Claims

    Who can bring an Inheritance Act claim?

    Only a certain category of people can make a claim under the Inheritance (Provision for Family and Dependents) Act 1975.  These people include:

    • The spouse or civil partner of the deceased.
    • The former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a subsequent civil partnership).
    • A person who, for the two years before the death, was living with the deceased as if they were a spouse or civil partner.
    • A child of the deceased.
    • A person who was treated as a child of the family by the deceased.
    • Any other person who was being maintained, wholly or partly, by the deceased immediately before their death.

      What does “reasonable financial provision” mean in an Inheritance Act Claim?

      It depends on your relationship with the deceased. A spouse or civil partner is entitled to what is reasonable in all the circumstances, often reflecting the standard of living they had during the relationship. Others, such as adult children or cohabitees, are entitled only to what is reasonably necessary for their maintenance.

      Can I make an Inheritance Act Claim if there was no Will?

      Yes. If the deceased died intestate (without a valid Will), and you are eligible under the Inheritance Act but the distribution of the estate leaves you without reasonable provision, you can still bring a claim.

      What factors does the court consider in Inheritance Act claims?

      The court will assess your financial needs and resources, the size and nature of the estate, the needs of other beneficiaries or claimants, the nature of your relationship with the deceased, and any obligations or responsibilities the deceased had towards you.

      What is the time limit for bringing an Inheritance Act Claim?

      You must issue your claim within six months of the Grant of Probate or Letters of Administration. In some exceptional cases, the court may allow late claims, but there must be strong reasons for the delay and any application should be made as soon as possible.

      Will I have to go to court to resolve my Inheritance Act Claim?

      Most Inheritance Act claims settle without the need for a trial. Mediation and negotiated settlements are often effective, particularly when handled early. However, if an agreement cannot be reached, we are fully equipped to represent you in court and pursue the best outcome.

      Contact our Inheritance Act Solicitors Today


      Inheritance Act claims can be deeply personal and legally intricate. Whether you are seeking to secure financial provision from a loved one’s estate or need to protect your position as a beneficiary or executor, expert legal advice is essential.

      At Lupton Fawcett, we provide practical, compassionate, and results-driven advice tailored to your individual circumstances. We understand the emotional and financial pressure that often accompanies inheritance disputes, and our priority is to resolve your matter as swiftly and sensitively as possible.

      Lupton Fawcett is a Top 200 UK law firm. We have highly experienced solicitors based in  Leeds, Sheffield, and York, serving clients in Inheritance Act Claims in Bradford, Hull, Manchester, Nottingham, London and across England and Wales. Our team is also experienced in representing international clients involved in UK inheritance disputes, with a strong track record in handling high-value claims.

      To arrange a confidential consultation with one of our specialist Inheritance Act solicitors, call us, email us, or complete the enquiry form below. We will respond promptly and are here to help you take the next step.

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      Lupton Fawcett go to great lengths to explain the legal framework surrounding the issue in question, including the pitfalls, and then work with you to agree a strategy to achieve a satisfactory outcome.”

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