Who can claim under the Inheritance Act?

We look at a commonly asked question, ‘Who can claim under the Inheritance Act?’

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of people can make a claim against a deceased person’s estate if they feel they have not received “reasonable financial provision.”

Those eligible to make an Inheritance Act claim are:

1. A Spouse or Civil Partner

This category of claimant is entitled to claim for financial provision that goes beyond just their maintenance needs. The court will usually consider what they would have received in a divorce or dissolution.

2. A Former Spouse or Civil Partner

A former spouse or civil partner may be able to make an Inheritance Act claim if they have not remarried or entered into another civil partnership.

3. A Cohabiting Partner

This applies to someone who lived with the deceased as their partner (in a relationship akin to marriage or civil partnership) for at least two years immediately prior to their death.

4. Children of the Deceased

This includes biological and adopted children of any age.

5. Someone Treated as a “Child of the Family”

A person who was not the deceased’s biological or adopted child, but was treated as such, would be considered a ‘child of the family’. This could be a stepchild or a grandchild, for example.

6. Dependants

This applies to someone who was being maintained financially (wholly or partly) by the deceased before their death. It can include a mistress or lover, grandchildren, friends and other non-relatives, provided they were dependent on the deceased.

Factors Considered by the Court

The court will take the following factors into account when assessing an Inheritance Act claim:

  • The financial needs and resources of the claimant.
  • The size and nature of the estate.
  • The obligations and responsibilities the deceased had toward the claimant.
  • The claimant’s age, health, and other relevant circumstances.
  • The financial needs and resources of other beneficiaries or claimants

How we can help you

If you would like further guidance on who can claim under the Inheritance Act then contact our team of expert solicitors for a free consultation and details of our popular No Win, No Fee funding scheme.

Call helpline on 0333 888 0407 or email us at [email protected]

Who can claim under the Inheritance Act?