Challenging a will under the Inheritance Act 1975

Over the coming decades, hundreds of billions of pounds will pass between generations in the UK. This so-called "Great Wealth Transfer" is already reshaping the landscape — not just in terms of housing, savings and business ownership, but in how families approach inheritance.

But families today look very different to those of previous generations. Second marriages, cohabiting couples, blended families, estranged siblings — the picture is often complex. Sometimes, one child inherits everything, a long-term partner is left out, or a carer who gave up work receives nothing.

As a result, disputes over wills are on the rise. More people are turning to the courts — not out of greed, but because the will doesn't reflect their relationship with the person who has died or their financial needs.

If you've been left out of a will or believe the terms are unfair, the Inheritance (Provision for Family and Dependants) Act 1975 may offer a route to fair financial provision.

Understanding 1975 Act claims

The 1975 Act allows certain people to claim from an estate if they've been excluded or left less than they reasonably need. These claims are not about disputing the will's validity — they're about ensuring that the estate makes proper financial provision.

You may be eligible to claim if:

• You were financially dependent on the deceased
• You are a spouse, civil partner, cohabitee, child or stepchild
• You've been left out of the will or given less than is reasonable for your needs

Why inheritance disputes are on the rise

Inheritance claims are becoming increasingly common. This reflects how families — and financial realities — have changed.

• Unmarried partners, stepchildren, carers and second families may be overlooked in traditional wills
• Rising house prices mean even modest estates can be worth hundreds of thousands
• Younger generations are more aware of their legal rights and more willing to act

Most people don't bring these claims out of greed. They do so to address genuine concerns — and to seek resolution where they've been treated unfairly.

What a claim can achieve

Every case is different, but a successful claim could result in:

• A lump sum or regular payments from the estate
• A property being transferred, sold or shared
• Ongoing financial support based on your needs

The court will consider factors such as your relationship with the deceased, your financial situation, the size of the estate, and whether there was an obligation to provide for you.

Timings and the claims process

There is a strict time limit: most claims must be made within six months of the grant of probate. Acting quickly is essential, particularly before assets are distributed.

The typical process involves:

• Reviewing the will and financial position of the estate
• Assessing whether you have grounds to claim
• Entering into negotiations where possible
• Issuing court proceedings if necessary

How our solicitors can help

We regularly act for clients who feel they've been unfairly left out of a will or given too little. Our litigation solicitors:

• Provide early advice on your rights and options
• Act quickly to protect your position
• Negotiate on your behalf to avoid court where possible
• Issue proceedings when needed and guide you through each stage

We also advise executors who are defending claims, helping them fulfil their legal duties and protect estate assets.

Contact our inheritance claim solicitors

If you've been left out of a will or think you've been treated unfairly, we're here to help. Our solicitors offer a free initial consultation and will clearly advise you on your rights under the Inheritance Act 1975.

Our private client team can also help you draft or update your own will — making your intentions clear and reducing the risk of disputes in future.