Everything You Need to Know About the Renters Reform Bill (2025)
The Inheritance (Provision for Family and Dependants) Act 1975 is a vital piece of legislation that offers protection to certain individuals who may have been excluded or inadequately provided for in a will. It empowers courts in England and Wales to intervene in the distribution of an estate, even where the will or intestacy rules fall short of providing reasonable financial support to dependants and close family members.
What Is the Inheritance Act 1975?
While UK law upholds testamentary freedom—the right to distribute assets as one sees fit—the Inheritance Act 1975 ensures that no one who was financially dependent on the deceased is left without support. The Act does not override wills entirely, but rather provides a legal safety net when a will or intestacy fails to make “reasonable financial provision” for eligible individuals.
Who Can Make a Claim?
Those entitled to claim under the Act include:
- Spouses or civil partners of the deceased
- Former spouses or civil partners (if they have not remarried)
- Cohabitants living with the deceased as a spouse or partner for at least two years
- Biological and adopted children
- Stepchildren or individuals treated as children of the family
- Financial dependants of the deceased, including those partially supported
What Is “Reasonable Financial Provision”?
For most claimants, the court assesses what is required for maintenance—sufficient to meet essential living needs, not to replicate the deceased’s lifestyle. For surviving spouses or civil partners, the standard is more generous and may consider what they would have received in a divorce settlement.
Factors the Court Considers
When deciding whether to alter the distribution of an estate, the court evaluates:
- The financial needs and resources of the applicant
- Obligations and responsibilities of the deceased
- The size and nature of the estate
- Any disabilities of the applicant or beneficiaries
- Other relevant personal and financial circumstances
Court Remedies
If a claim is successful, the court may order:
- A lump-sum payment
- Regular maintenance payments
- Transfer or settlement of property
- Any combination of these remedies, tailored to the claimant’s needs
Landmark Case: Ilott v Mitson (2017)
This case involved an estranged daughter excluded from her mother’s will, which favoured charities. The court intervened and awarded the daughter a portion of the estate, recognising her financial need despite the estrangement. This landmark decision clarified how the Act can be applied even in complex family situations.
Limitations
- The Act only applies if the deceased was domiciled in England or Wales.
- It does not guarantee equal shares or override testamentary freedom unless necessary for fairness.
- Claims must be made within six months of the grant of probate (with limited exceptions).
Summary: Key Provisions at a Glance
| Provision | Description |
| Eligibility | Spouses, former spouses, cohabitees, children, dependants |
| Entitlement | Reasonable financial provision for maintenance (more for spouses) |
| Court Powers | Alter distribution, order payments or property transfer |
| Factors Considered | Needs, estate size, obligations, disabilities, other relevant facts |
| Jurisdiction | England and Wales only |
How Saul Marine & Co Solicitors Can Help
If you feel you have been unfairly left out of a will—or if you are facing a claim against an estate—Saul Marine & Co Solicitors can guide you through every step of the legal process.
We provide specialist advice in:
- Contested wills and inheritance claims
- Assessing eligibility under the Inheritance Act 1975
- Negotiating settlements and representing you in court
- Protecting estates from unreasonable claims
Whether you are seeking financial provision or defending an estate, our experienced legal team offers clear, practical, and effective support tailored to your circumstances.
📞 Call us today on 020 8959 6090
🌐 Visit: www.saulmarine.com
