Claims under the inheritance provision 1975 - who's eligible to bring the claim, what the court looks at, what orders do courts make.

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Unfair Financial Provision from an Estate
Claims under the inheritance provision 1975 - who's eligible to bring the claim, what the court looks at, what orders do courts make.

If you’ve been left out of a will, or the inheritance you’ve received is insufficient to meet your needs, you may be entitled to challenge the estate. The law recognises that not every will, or the absence of one, reflects the financial reality or obligations that existed during the deceased’s lifetime.
At Anthony Gold Solicitors, our expert contentious probate team can guide you through the process of making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
This legislation enables specific categories of people to seek reasonable financial provision from the estate of a deceased person, whether or not a valid will exists. The Act is designed to ensure that dependants are not left destitute or unfairly disadvantaged due to exclusion or inadequate inheritance.
The Act applies If:
Claims can be made even if the deceased had a valid will, and they are not about invalidating the will itself, but about altering the distribution for fairness and dependency.
The 1975 Act outlines specific classes of people who may bring a claim:
The concept of “reasonable financial provision” is central to any claim. It’s not simply about what a person wants, but what they need based on fairness, responsibility, and the deceased’s obligations.
The court considers:
For spouses, provision is assessed as if the marriage had ended in divorce. For all other applicants, the standard is provision for maintenance, which could include housing, education costs, care needs, and more.
At Anthony Gold, we are leading specialists in contentious probate and inheritance disputes. Our team has decades of experience in helping clients obtain fair outcomes when facing unfair provisions from an estate. We offer:
The court has wide discretion in deciding whether to award provision, and considers the following factors (as outlined in Section 3 of the 1975 Act):
Each case is assessed on its individual facts, and courts aim to strike a balance between the interests of the applicant and those of other beneficiaries.
If the court agrees that reasonable financial provision has not been made, it can tailor a remedy to the claimant’s needs. Possible orders include:
In some cases, especially where a claimant has special needs (e.g., disability), the court can structure awards to ensure long-term protection and financial support.
You must issue your claim within six months from the date of the grant of representation (i.e., probate or letters of administration). Claims brought outside this period require the court’s permission, which is not easily granted and often depends on exceptional circumstances.
We strongly recommend seeking legal advice as early as possible to avoid missing out on your right to claim.
These situations are increasingly common and require sensitive, strategic legal guidance.
What a great firm of solicitors, very professional would take your call you every time you rang and would made sure you understood everything that was happening got me through a very contentious probate
Highly recommended you will not regret use this firm.
John Gallagher, 5* Trustpilot review
The help, guidance and professionalism received from Anthony Gold throughout our Probate case was excellent. From initial consultation to final completion…
Jim, 5* Trustpilot review
…I contacted Anthony Gold Solicitors on the recommendation of a friend and met with T, a specialist in issues such as Contentious Probate. With his help and guidance, the situation was recently successfully resolved by means of mediation, thus avoiding the further cost and distress of a court case.
Julia, 5* Trustpilot review




Meet our team of Solicitors who are experts in their field.
Yes, you can still bring a claim even if you live abroad, as long as the deceased was domiciled in England or Wales at the time of their death. The location of the claimant is not a bar to making a claim, although it may affect how your needs and resources are assessed by the court.
Absolutely. Many Inheritance Act claims are resolved through negotiation or mediation without the need for a full court hearing. At Anthony Gold, we aim to resolve disputes efficiently through alternative dispute resolution where possible, saving you time, stress, and legal costs.
Yes, but act quickly. You typically have six months from the date of the grant of probate to issue your claim. It may still be possible to apply after this deadline, but only with the court’s permission, which is granted only in exceptional circumstances.
Yes, there will be legal costs involved, but funding options are available. Depending on the strength of your claim, we may be able to offer fixed fees, hourly rates, or in some cases, no-win-no-fee (CFA) arrangements. We will assess your case at the outset and advise on the most suitable approach.
Potentially, yes. Any award made to a successful claimant under the Act will be paid from the estate, which may reduce the share available to other beneficiaries. However, the court will take this into account when deciding what is fair and reasonable, aiming to balance all competing interests.
Yes, you can still bring a claim even if you live abroad, as long as the deceased was domiciled in England or Wales at the time of their death. The location of the claimant is not a bar to making a claim, although it may affect how your needs and resources are assessed by the court.
Absolutely. Many Inheritance Act claims are resolved through negotiation or mediation without the need for a full court hearing. At Anthony Gold, we aim to resolve disputes efficiently through alternative dispute resolution where possible, saving you time, stress, and legal costs.
Yes, but act quickly. You typically have six months from the date of the grant of probate to issue your claim. It may still be possible to apply after this deadline, but only with the court’s permission, which is granted only in exceptional circumstances.
Yes, there will be legal costs involved, but funding options are available. Depending on the strength of your claim, we may be able to offer fixed fees, hourly rates, or in some cases, no-win-no-fee (CFA) arrangements. We will assess your case at the outset and advise on the most suitable approach.
Potentially, yes. Any award made to a successful claimant under the Act will be paid from the estate, which may reduce the share available to other beneficiaries. However, the court will take this into account when deciding what is fair and reasonable, aiming to balance all competing interests.
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