Inheritance Act 1975 claims

Last reviewed 18 August 2026

There is a second road, quite apart from attacking the will’s validity: to accept the will as genuine, yet argue it fails to provide for you as it should. This is the province of the Inheritance (Provision for Family and Dependants) Act 1975.

Who can claim

The Act lets a defined group ask the court for reasonable financial provision: spouses and civil partners, former spouses who have not remarried, children (including adult children in some cases), cohabitees of at least two years, and others the deceased was maintaining. Notably, an unmarried partner who would inherit nothing under intestacy may have a claim here.

The strict deadline

This is the trap that catches people. A claim must generally be brought within six months of the grant of probate. The court can extend time, but will not do so lightly, so anyone who suspects a claim should take advice at once — a caveat does not stop this clock, and is usually the wrong tool for it.

Sources. Inheritance (Provision for Family and Dependants) Act 1975; standard six-month limitation from grant.