Inheritance Act Claims: Claiming and Defending

When it comes to inheritance matters, things can get complicated fast. If you haven’t received reasonable financial provision following the death of a loved one or someone you were dependent on, you might be able to claim compensation through the Inheritance (Provision for Family and Dependants) Act 1975.

Maybe you’ve unexpectedly lost someone close without them leaving a will. Perhaps you were named in a will but received an inadequate amount. Whatever your situation, a claim under the Inheritance Act could help you secure a fair share of the deceased’s assets that better represents your relationship with them.

At Brown Turner Ross, our Wills, Trusts and Probate team can guide you through determining if you’re eligible for an inheritance claim and help you prove you should receive reasonable financial provisions. Trust us, this isn’t something you want to navigate alone.

What is the Inheritance Act?

The Inheritance (Provisions and Dependants) Act 1975 allows specific individuals to claim a portion of a deceased person’s estate in cases where no will exists, they’ve been left out of a will, or they didn’t receive a fair share of the estate.

This law protects dependents who’ve experienced an unexpected loss and may struggle to maintain their standard of living. This protection highlights exactly why drafting a will is so crucial – if you have children or dependents of any kind, working with a solicitor to draft a legally binding will is absolutely essential.

It’s worth noting that not everyone can make a claim under this law, and specific criteria must be met before proceeding.

Who Can Claim Under the Inheritance Act 1975?

The Act clearly defines who can bring a claim forward. Those eligible include:

• The spouse or civil partner of the deceased, divorce may complicate inheritance further.
• An unmarried former spouse or civil partner of the deceased (but you can’t claim if you’ve entered into a new marriage or civil partnership)
• Anyone who was living with the deceased for the two years before their death
• A child of the deceased
• A person treated as a child of the family by the deceased
• Any other people who were financially dependent on the deceased before their death

If you fall under any of these categories, you may be eligible to claim under the Inheritance Act 1975. Not sure if you qualify? That’s exactly why talking to a specialist solicitor is so important.

How to Claim Inheritance in 2026

If you meet the eligibility criteria above and feel you haven’t been properly compensated after losing someone, you may want to pursue an inheritance claim.

Before starting any claim, working with an experienced solicitor is absolutely crucial. Your legal representative will help gather evidence proving your eligibility and outline a reasonable sum that reflects your relationship with the deceased.

Here’s something you need to know: you have only six months from the grant of probate to make a claim, so contacting a solicitor as soon as possible is in your best interest. We can’t stress this enough – time is not on your side with these matters.

If the current beneficiaries disagree with your claim, court proceedings may be necessary. However, it’s usually much more favourable for both parties to reach a settlement through mediation. Court proceedings can be lengthy, expensive, and frankly, emotionally draining for everyone involved.

UK Inheritance Law in 2026: What You Need to Know

When someone dies with a will in place, their estate passes according to their specified wishes. Without a will, the estate is distributed according to intestacy laws – typically to their spouse, civil partner, or nearest living relative.

If no known relatives or partners exist, the estate passes to the Crown as ownerless property. This is where the Inheritance Act comes in, allowing those who believe they’re entitled to a share to make their claim.

What Factors Do Courts Consider Under the Inheritance Act?

When assessing a claim, the court considers several key factors:

Financial Needs and Resources of the Applicant

The court examines your current financial situation – income, savings, property, and debts. They’ll assess both your present financial standing and future prospects.

Day-to-day needs like rent or mortgage payments are considered to determine whether you require financial support. If someone is already providing you with support from another source, that’s factored in too. Limited earnings that impact your standard of living may strengthen your case.

Obligations and Responsibilities of the Deceased

The court considers any moral or legal duty the deceased had toward you and other claimants.

For instance, if they previously paid your rent or provided financial support, you may have a stronger claim. Special relationships are also relevant – even an estranged child not mentioned in the will might be considered if the court determines there was a moral obligation to provide support.

Size and Nature of the Estate

The estate’s value, including property and savings, helps determine whether there are sufficient funds to cover your claim without unfairly impacting other dependents.

If the estate is small, your claim might not be granted – unfortunately, a common scenario leading to unsuccessful claims. The court must balance all competing interests.

Physical or Mental Disability

If you have a disability that impacts your ability to earn a living or requires additional costly care and support, the court will take this into serious consideration.

Applicants with severe disabilities often achieve successful claims due to their additional support requirements and financial vulnerability.

Types of Inheritance Act Awards in 2026

Contrary to popular belief, Inheritance Act awards don’t always come as a lump sum. Successful claims might result in:

• A lump sum payment
• Transfer of property
• Regular income from the estate
• A life interest in part of the estate

The courts assess each case individually to determine the most suitable solution for the applicant, taking into account all circumstances.

Defending Against an Inheritance Act Claim

If you’re a beneficiary facing a claim against an inheritance, seek immediate legal advice and be prepared to cooperate by providing all relevant documents containing information about the deceased’s estate.

Mediation is often recommended, especially when family members are involved. This can help reduce family conflict and potentially save significant court fees. Let’s face it, family disputes over inheritance can leave lasting damage – sometimes finding a middle ground through mediation is worth more than the monetary value at stake.

To successfully defend a claim, you must prove the claimant has no right to financial provision from the deceased’s estate. The simplest defence is proving the claimant doesn’t meet the eligibility criteria, though cases are rarely this straightforward.

You’ll need to demonstrate that the deceased had no lasting responsibilities to the claimant and that they neither require immediate maintenance nor will need it in the future.

Time Limits and Court Fees: What You Need to Know

You have six months from the grant of probate to submit your Inheritance claim to the court. While it may be possible to submit beyond this timeframe with the court’s express permission, you’ll need to justify the delay.

To avoid complications, claim your inheritance as quickly as possible. Working with probate specialists is highly recommended – they’ll advise you on claiming your inheritance and help calculate any inheritance tax due on assets.

Court fees for inheritance claims vary based on several factors. Civil court fees can reach up to £10,000, which is why out-of-court settlements are strongly recommended. If the claim goes to trial, you’ll also pay a hearing fee of up to £1,175, not including solicitor’s fees, which vary between firms.

Pensions and the Inheritance Act 1975

Since pensions aren’t automatically classified as part of an individual’s estate, determining what type of pension arrangements the deceased had can be challenging.

If you believe you may have a claim to a family member’s pension as part of your inheritance, seek legal advice immediately. The rules around pension inheritance can be particularly complex and vary depending on the specific pension scheme.

Freezing Orders and Inheritance

A freezing order applies to all your assets exceeding a predetermined value, including any inheritance. Seek advice from a solicitor to determine this value and understand how it might affect your inheritance.

Can Grandchildren Claim Under the Inheritance Act?

A grandchild can only make a claim under the Inheritance Act if their parent died either before the grandparent whose inheritance is being claimed or before the grandchild turned 18. This is a specific rule that is often misunderstood, so it’s important to seek clear legal advice if you’re a grandchild thinking about making a claim.

How We Can Help at Brown Turner Ross

Navigating inheritance claims can be overwhelming during an already difficult time. Our team at Brown Turner Ross provides expert guidance whether you’re making a claim or defending against one as experienced family law solicitors.

If you need legal representation for an inheritance matter, get in touch with our team today. We understand the emotional and financial stress these situations create, and we’re here to help you achieve the best possible outcome.

Don’t face this complex legal process alone – with our experienced solicitors by your side, you can approach your inheritance claim or defence with confidence.