Unfair financial provision from an estate

What is 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: 

• The deceased died domiciled in England or Wales 

• The will, or intestacy rules, fail to make adequate financial provision for the claimant 

• A claim is made within six months from the date of the grant of probate or letters of administration 

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. 

Who can make a claim?

The 1975 Act outlines specific classes of people who may bring a claim: 

What is "reasonable financial provision"?

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: 

• The nature of the relationship 

• Whether the claimant was financially dependent 

• What the deceased would have provided had they not died 

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. 

How can we help you with unfair financial provision from an estate?

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: 

• Expert advice from STEP-accredited solicitors 

• Tailored strategies to suit your needs 

• Proven success in out-of-court settlements and litigation 

• Cost-effective options including fixed fees or conditional arrangements (where appropriate) 

What factors do courts consider?

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): 

• The financial needs and resources of the applicant, both current and future 

• The financial needs and resources of any other beneficiaries 

• Obligations and responsibilities the deceased had towards the applicant 

• The size and nature of the estate 

• Any physical or mental disabilities of the applicant or beneficiaries 

• Any other relevant factors, such as conduct, lifetime gifts made by the deceased, or promises they made 

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. 

What orders can the court make?

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: 

• Lump sum payments 

• Ongoing financial support (periodical payments) 

• Transfer or settlement of property 

• Life interest in certain assets 

• Variation of existing trust arrangements 

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. 

What is the deadline to bring a claim?

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. 

Common examples of 1975 act claims

• An adult child excluded from the will despite years of financial support 

• A long-term cohabitee not named in the will 

• A spouse receiving less than half the estate while adult children inherit the rest 

• A disabled dependent relative left without provision 

These situations are increasingly common and require sensitive, strategic legal guidance.