When a loved one dies, their will is meant to set out who inherits what.

Sometimes, a will does not provide enough support for those who depended on the person during their lifetime. That is where the Inheritance (Provision for Families and Dependants) Act 1975 (the Inheritance Act) comes in.

This law gives certain people the right to ask the court for “reasonable financial provision” if they have been left out, or not given enough under a will or the intestacy rules. In simple terms, it helps to ensure families and dependants are not unfairly left struggling after a death. In this article, we will explain how the Act works, who can make a claim, and why it matters.

What is the Inheritance Act?

The Inheritance (Provision for Families and Dependants) Act 1975—often simply called the Inheritance Act or “IPFDA”—is a piece of legislation designed to protect people who were financially dependent on someone who has died.

It recognises that while a person has the right to decide what happens to their estate after death, there should also be safeguards in place if their decisions leave close family or dependants without reasonable support.

The Inheritance Act itself, states that it is:

“An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith.”

Who Can Make a Claim?

Not everyone can apply under the Inheritance Act. The law sets out specific groups of people who may be eligible:

• Spouses and civil partners – whether married at the time of death or separated.
• Former spouses or civil partners – provided they haven’t remarried or entered a new civil partnership.
• Children of the deceased – this includes adult children and sometimes stepchildren.
• Cohabiting partners – those who lived with the deceased as a couple for at least two years before death.
• Other dependants – anyone who was being financially supported by the deceased, even if not related by blood or marriage.

When Can a Claim Be Made?

A claim can usually be made in two situations:

1. When the will does not provide reasonable support.

For example, if a dependant is left out completely or given too little.

2. When there is no will and the intestacy rules apply.

These rules decide who inherits if someone dies without a will, but they don’t always take into account modern family structures or dependants outside the immediate family.

It is important to act quickly: a claim must usually be brought within six months of probate being granted.

What Does “Reasonable Financial Provision” Mean?

The key phrase in the Inheritance Act is “reasonable financial provision.” But what does that actually mean?

The courts look at several factors, such as:

• The financial needs and resources of the claimant.
• The size of the estate.
• The obligations and responsibilities the deceased had towards the claimant.
• The needs of any other beneficiaries.

For spouses and civil partners, the court considers what would have been reasonable for them to receive if the marriage or partnership had ended in divorce instead of death.

For other dependants, the focus is on what’s necessary for their maintenance—enough to cover essential living expenses rather than to match the lifestyle they previously enjoyed.

How Claims Are Decided

Most claims do not end up in a courtroom. Mediation and negotiation are common first steps, as they can save time, money, and stress for everyone involved. If an agreement cannot be reached, the case may go before a judge, who will decide what (if any) provision should be made.

Outcomes can vary: sometimes it is a lump sum payment, sometimes ongoing financial support, or even a right to live in a property for a certain period.

Why the Act Matters

Without the Inheritance Act, many people who were financially dependent on a loved one could be left with nothing.

It is particularly important in modern family life, where blended families, long-term cohabiting partners, and stepchildren are increasingly common. The Inheritance Act helps balance the wishes of the deceased with the reality that some people may need continued support to get by.

Practical Tips

If you’re making a will:

• Be clear about your intentions and discuss them with your family where possible.
• Consider the needs of anyone financially dependent on you.
• Take professional advice to reduce the risk of disputes.

If you think you may have a claim under the Inheritance Act:

• Seek legal advice as soon as possible. The time limits are strict.
• Keep records of any financial support you received from the deceased.
• Be open to mediation, as it can lead to a fair solution without lengthy court proceedings.

Conclusion

A will is an important way to decide what happens to your estate after death. But it is not always the final word. The Inheritance (Provision for Families and Dependants) Act 1975 provides a vital safety net, ensuring that close family members and dependants are not left unsupported.

By understanding how the Inheritance Act works, both those making a will and those affected by one can take steps to ensure fairness, reduce disputes, and protect the people who need it most.