Claiming Against an Estate – Who Can Claim?

We take a look at the issue of claiming against an estate. Burt Brill & Cardens Solicitors have years of experience in this area and offer dedicated Will writing services.

If you would like to speak to our friendly and expert team, please don’t hesitate to get in touch, call us on 01273 604 123 or email at

Who Can Claim Against an Estate?

The law, set out in Inheritance (Provision for Family and Dependants) Act 1975, provides that certain persons can bring a claim against the Will and Estate of a deceased person. Those who can claim are:

  • the wife, husband or civil partner of the deceased;
  • a former wife, former husband or former civil partner of the deceased who has not remarried;
  • anyone who during the whole of the period of two years ending immediately before the date when the deceased died, was living in the same household as the deceased, and as the husband or wife of the deceased
  • a child of the deceased (regardless of their age)
  • any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;
  • any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.

When can you claim against an estate?

The basis of the claim it that the Will did not make reasonable financial provision for the person claiming.

If you think that these circumstances may apply to you or if, for example, you are intending to favour one child over another or you are omitting someone mentioned above from your Will, then please tell us, so we can advise you in detail. Contact us today.

For more information, visit our page on will disputes or return to our Wills, Trusts and Probate section.

Our advice to you about your Will does not extend to advising you about claims under the Act.


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