The Inheritance (Provision for Family and Dependants) Act 1975, commonly known as the Inheritance Act, enables certain individuals to seek financial provision from a deceased’s estate when they have not been sufficiently provided for, either under the terms of a Will or pursuant to the rules of intestacy.
The Inheritance Act
Generally speaking, a testator is considered to have testamentary freedom to determine precisely how their estate will be distributed upon their death through the terms of their Will.
Alternatively, when there is no valid Will, the rules of intestacy determine who should inherit the deceased’s estate and in what proportion.
The Inheritance Act operates as an exception to the above, by permitting awards of financial provision to spouses, civil partners, cohabiting partners, biological children, stepchildren, and / or any other financial dependants that would otherwise inherit little or none of the deceased’s estate, thereby potentially limiting testamentary freedom and the usual rigidity of the intestacy rules.
As case law below demonstrates, the Inheritance Act can supersede a deceased’s express intention to disinherit specific individuals and may override their contrary wishes as set out in a Will and / or Letter of Wishes.
Who Can Make a Claim
A claim for financial provision may be brought by any person who falls within the broad class of individuals above and may be awarded by the court when it is found that the deceased’s estate does not make reasonable financial provision for them.
Each claim for financial provision will be decided on its own facts, although, when deciding whether to make an award for financial provision, the court will generally consider factors such as:-
- Whether the deceased had a moral obligation to provide for the claimant after their passing. This is often particularly relevant in claims brought by adult children.
The court could decide that a moral obligation exists if the deceased made promises to the claimant that they would be financially supported from their estate after death. Alternatively, the court may find a moral obligation exists when a claimant’s future earning capacity is limited as a result of health conditions or due to caring responsibilities
- Whether the deceased provided “maintenance” towards the claimant whilst living and whether that maintenance should continue after death.
The courts have determined “maintenance” means contributions made by the deceased towards the claimant’s day-to-day living expenses, or lump sums, towards housing costs.
Recent case law demonstrates that the courts are taking a broad approach when deciding claims for financial provision brought under the Inheritance Act, as follows: –
Howe v Howe
We previously discussed the case of Howe v Howe (2025) Claims Under the Inheritance Act: Can You Qualify?. In this case a daughter was awarded the sum of £125,000 as financial provision from her father’s estate, despite the deceased’s clear intention that his daughter should not inherit any part of his estate and them being estranged for several years.
The award was made on the basis that the deceased’s hostility towards his daughter was the cause of a mental health condition which affected her ability to work.
McDaniel v Talbot
More recently, in McDaniel v Talbot (2026), the court awarded a claimant daughter the sum of £123,418 from her father’s estate, despite the deceased expressly excluding her from his Will.
The court made its decision on moral grounds because, despite several years of estrangement, the pair reconciled a few years before the deceased passed away.
Further, the court decided that the claimant had limited financial prospects due to her role as the carer of disabled children.
In contrast, the court considered that no prejudice would be caused to the deceased’s wife, as the sole beneficiary of the estate, who was already sufficiently provided for.
Lastly, the court scrutinised the wording used to exclude the claimant from the Will and decided that it did not reflect the pair’s relationship at the time of the deceased’s death.
Conclusion
The above decisions demonstrate the importance of regularly reviewing Wills and Letters of Wishes to ensure that they accurately reflect your current intentions and personal circumstances. Failure to do so may increase the risk of a successful claim against your estate under the Inheritance Act. Even with diligent preparation, disputes may still occur, in relation to which expert specialist advice should be sought.
To discuss the contents of this article or for any queries about disputed estates, please contact Jackie on 01457 761320 or send an email to Jackie.martin@odonnellsolicitors.co.uk.
To update your Will or Letter of Wishes, please contact Mark in our Private Client department on 01457 761320 or send an email to mark@odonnellsolicitors.co.uk.