Probate Law
Inheritance Act Claim Barristers
Left out of a will, or not left enough? Specialist advice on claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask the court for financial provision from an estate where the will, or the intestacy rules, or a combination of the two, do not make reasonable financial provision for them. Unlike a challenge to the validity of a will, an Inheritance Act claim accepts that the will is valid but argues that its effect is unreasonable. The deceased must have been domiciled in England and Wales.
The people who can apply are set out in section 1 of the Act: a spouse or civil partner; a former spouse or civil partner who has not remarried or formed a new civil partnership; a person who lived with the deceased as if a spouse or civil partner for the whole of the two years immediately before the death; a child of the deceased, including an adult child; a person treated by the deceased as a child of the family; and anyone who was being maintained by the deceased immediately before the death.
What counts as reasonable provision depends on who is claiming. A surviving spouse or civil partner is judged against a higher standard, which is not limited to what they need for maintenance. Every other applicant is limited to the "maintenance standard", meaning what is reasonable for their day-to-day living costs. In deciding a claim, the court considers the factors in section 3, including the financial resources and needs of the applicant, other applicants and the beneficiaries, any obligations the deceased had, the size and nature of the estate, any disability, and any other relevant matter, including conduct.
The leading case is Ilott v The Blood Foundation [2017] UKSC 17, where the Supreme Court considered a claim by an adult daughter who had been estranged from her mother and left nothing in favour of charities. The court emphasised that claims by adult children are limited to maintenance, that the deceased's wishes are relevant, and that outcomes depend heavily on the facts. A claim should normally be issued within six months of the grant of representation. A Direct Access Barrister can assess your eligibility and prospects, draft your evidence and represent you at mediation and in court.
What Inheritance Act Claim Barristers Do
Court Advocacy
Your Barrister can represent you at:
- Applications for permission to claim out of time
- Directions hearings
- Interim applications
- Mediation and settlement meetings
- Final hearings
- Appeals
Legal Advice
Specialist guidance on:
- Whether you are an eligible applicant
- Which standard of provision applies
- How the section 3 factors apply to you
- The effect of Ilott on adult child claims
- Defending a claim as an executor or beneficiary
- Overlap with challenges to the will
Document Drafting
Your Barrister can draft:
- Letters of claim and responses
- Part 8 claim forms
- Witness statements with financial evidence
- Statements of means and needs
- Settlement proposals
- Skeleton arguments
Your Barrister drafts these documents. You issue the claim, serve the defendants and pay any court fee.
What You Handle
With Direct Access:
- Obtaining a copy of the will and grant
- Gathering bank statements and income evidence
- Collecting evidence of your relationship with the deceased
- Issuing and serving court documents
- Corresponding with the executors
- Paying court fees
How Direct Access Works
- 1
Eligibility and Merits
Your Barrister checks whether you fall within section 1, which standard of provision applies and whether the estate fails to make reasonable provision for you.
- 2
Protecting the Time Limit
You confirm the date of the grant. The six-month deadline is diarised, and a standing search can tell you when a grant is issued.
- 3
Letter of Claim
Your Barrister drafts a letter to the personal representatives setting out your claim, your needs and resources, and inviting them not to distribute the estate.
- 4
Negotiation and Mediation
Many claims settle through negotiation or mediation. Your Barrister advises on offers and can attend mediation with you.
- 5
Issuing a Claim
If needed, a claim is issued under CPR Part 57 using the Part 8 procedure, supported by a witness statement setting out your evidence.
- 6
Final Hearing
Your Barrister presents your case, deals with the evidence of other parties and makes submissions on what provision the court should order.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Who can make an Inheritance Act claim?
Spouses and civil partners, former spouses or civil partners who have not remarried, cohabitants who lived with the deceased for the two years before death, children of any age, people treated as a child of the family, and anyone being maintained by the deceased immediately before death. Being eligible to apply does not mean a claim will succeed.
What is the time limit for an Inheritance Act claim?
A claim should be issued within six months from the date of the grant of representation. The court can allow a late claim, but permission is not automatic and you would need to explain the delay. A claim can also be made before a grant is issued. If you are near the deadline, seek advice immediately.
What did the Supreme Court decide in Ilott v The Blood Foundation?
The Supreme Court restored the original award made to an adult daughter who had been left nothing, overturning a larger award made by the Court of Appeal. It confirmed that adult children are limited to provision for maintenance, that the deceased's wishes and reasons carry weight, and that each case turns on its facts. It did not prevent adult children from bringing claims.
What does reasonable financial provision mean?
For a surviving spouse or civil partner it means what is reasonable in all the circumstances, which can go beyond basic maintenance. For everyone else it means what is reasonable for their maintenance, which focuses on ongoing living expenses rather than capital for its own sake. The court applies the section 3 factors to decide what, if anything, is appropriate.
Can a cohabiting partner claim?
Yes, if you lived with the deceased in the same household as if you were married or in a civil partnership for the whole of the two years immediately before the death. Even if you do not meet that condition, you may be able to claim as someone who was being maintained by the deceased. Cohabitants are limited to the maintenance standard.
I am an executor and a claim has been made. Can a Barrister help?
Yes. Personal representatives have particular duties when a claim is threatened, including care over distributing the estate, and usually take a neutral role in the proceedings. Beneficiaries who want to resist a claim can also instruct a Barrister to advise on the merits and represent them.
Do most Inheritance Act claims go to trial?
Many are resolved by negotiation or mediation, and the court expects the parties to consider settlement because costs can quickly eat into a modest estate. Your Barrister will advise on realistic outcomes at each stage. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Left Out of a Will?
Time limits are short. Get early advice from a specialist inheritance Barrister.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.