I haven’t received what I expected under a Will, how can I claim further provision?

It is possible to bring a claim against an estate (whether there is a Will or not) under the Inheritance (Provision for Family and Dependants) Act 1975 for an award where the Will or intestacy rules do not make reasonable financial provision.
Who can bring a claim for more inheritance under the Inheritance (Provision For Family And Dependants) Act 1975?
The following classes of people are eligible to make a claim from the estate:
- The spouse or civil partner of the deceased.
- The former spouse or civil partner of the deceased who has not remarried or entered a subsequent civil partnership, providing this is not precluded by the divorce order.
- Any person cohabiting with the deceased as if they are a husband/wife for at least two years prior to their death.
- A child of the deceased (includes an adult child).
- Any person treated as a child by the deceased.
- Any person who was being maintained by the deceased immediately before death.
What are the grounds to bring a claim for more inheritance under the Inheritance (Provision For Family And Dependants) Act 1975?
The court will consider whether the Will or intestacy makes reasonable financial provision for the applicant. When considering whether reasonable financial provision has been made, the Court will take into account the following factors:
- the current and future financial resources and needs of the applicant and the beneficiaries of the estate
- any obligations and responsibilities which the deceased had towards the applicant and the beneficiaries
- the size and nature of the estate
- any physical or mental disability of the applicant or any beneficiary
- any other matter which the Court may consider relevant, for example any party’s conduct.
This content was originally posted as a guide to will and inheritance disputes produced by Sarah Atkinson, Ryan Taylor and Tom Dickinson for the National Will Register, which can be found here.
Please note
The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, expressed or implied.
Related Guides
Speak to a member of the team
Our Latest Wills, Trusts & Estates Insights
- March 18, 2025
Wills Week: Why make a Will?
- January 30, 2025
Claudia’s Law and The Guardianship (Missing Persons) Act 2017 – How are they connected?
- January 6, 2025
The mystery of Malcolm Chenery’s will – Do fish fingers and mince pies go together? Will Validity
- December 20, 2024
Lifetime Gifts and Inheritance Tax Planning: A Comprehensive Guide
- November 18, 2024
Revoking a will
- November 5, 2024
Common Mistakes in Will Writing and How to Avoid Them
Latest Articles
View allGuide: March 18, 2025
Contact us today
"*" indicates required fields
Contact the commercial
& civil Dispute team today
"*" indicates required fields
Contact the Conveyancing team today
Contact the Conveyancing team today
Contact the Wills, Trusts
& Estates team today
Contact the Court of
Protection team today
Contact the Employment Law team today
Contact the Clinical Negligence team today
Contact the Family & Relationships team today
Contact the Personal Injury Claims team today
Contact the leasehold & Freehold team today
Contact the Corporate & Commercial team today
Contact the housing & disputes team
"*" indicates required fields