Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Family provision claim definition What does Family provision claim mean? A family provision claim is a court application to secure reasonable financial provision from a deceased person’s estate where a will or the intestacy rules do not provide adequately. In England and Wales, the term ordinarily refers to a statutory claim under the Inheritance (Provision for Family and Dependants) Act 1975. Eligible applicants include a spouse or civil partner, former spouse/civil partner (subject to conditions), a cohabitant of two years, a child (including treated-as-child), and any person maintained by the deceased. The deceased must have been domiciled in England and Wales at death. Spouses/civil partners are assessed by reference to...
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Inheritance (Provision for Family and Dependants) Act 1975 claims: eligibility, time limits, factors, awards and ADR—practitioner overview (England and Wales)
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Precedents
This note offers broad guidance on several core considerations when pursuing a Family provision claim (a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)). Your dedicated Private Client adviser can deliver bespoke guidance aligned to your individual situation.
What is a family provision claim?
People in England and Wales may generally distribute their estate to whomever they choose. This contrasts with many legal systems where Forced Heirship dictates beneficiaries, or earmarks parts of an estate, on death. Yet, this freedom of testation here is limited by statute. The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits certain classes of individuals, who were financially dependant on the deceased, to pursue a claim against the estate for reasonable financial provision. Such applications are commonly described as family provision claims, Inheritance Act claims, or 1975 Act claims. We recognise that issuing a claim can feel overwhelming while you mourn a loved one, particularly when you must also face that adequate provision was not made for you. Across many jurisdictions, forced heirship decides beneficiaries, or reserves a portion of estate, on death. A specialist Private Client professional can provide advice tailored to circumstances...
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Web page updated on 22/05/2026
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