Inheritance Act claim defence: guidance for executors & beneficiaries

What Is an IPFDA Claim?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people (like spouses, children, cohabitees, or dependants) to claim “reasonable financial provision” from an estate if they believe they haven’t been adequately provided for, either in the Will or under the intestacy rules.

These claims are not about whether the Will is valid, but whether the outcome is fair and reasonable given the claimant’s financial needs.

If You’re an Executor: Stay Neutral

As an Executor or Personal Representative (PR), your job is to stay neutral during the dispute. That means:

• Do not take sides in the claim - even if you personally disagree with it.

• You must provide full and honest information about the estate (assets, liabilities, distributions, etc.).

• You should notify all beneficiaries and any potential defendants of the claim.

• Your legal costs are usually paid from the estate, provided you remain neutral. If you act in a partisan way, you may have to pay your own costs.

If you’re unsure how to proceed, you can ask the court to avoid personal liability.

If You’re a Beneficiary: Defend the Claim If You Wish

Beneficiaries don’t have to be neutral. If you’re concerned that a claim could reduce your inheritance, you’re entitled to:

• Defend the claim, either in full or in part.

• Take early legal advice to assess the strength of the claimant’s case.

• Explain your own financial needs, which may compete with the claimant’s.

• Engage in settlement discussions or mediation, the Courts expect it.

You will normally pay your own legal costs, unless the court orders otherwise. If you take an unreasonable position, you may be penalised in costs.

If You’re Both an Executor and a Beneficiary

This is common - and legally acceptable - but it’s crucial to separate the two roles:

• As an Executor, you must remain neutral and provide the court with information.

• As a Beneficiary, you can defend the claim but you must do so with separate legal advice and pay your own legal costs.

If you blur these roles and use estate funds to pay for your personal defence, you may face personal liability for costs or losses to the estate.

Can the Estate Still Be Distributed?

Technically, yes - but it’s risky.

• A Claimant has 6 months from the date of the Grant of Probate to issue their claim.

• Distributing the estate within that time could make you personally liable if a claim later succeeds.

• If you know a claim may be brought, or that proceedings have been issued but not served (they have 4 months to do this), it’s best to wait.

Section 20 of the Act offers some protection to Executors after 6 months, but caution is still advised.

How to Defend an IPFDA Claim: Key Things to Know

If you're an Executor or Beneficiary facing a claim here are five important things to keep in mind:

1. Don’t Focus Too Much on Past Behaviour

It might be tempting to argue that the person bringing the claim doesn't “deserve” anything because of how they behaved. But that rarely helps. The court is only interested in two things:

• Has the claimant been left enough to meet their financial needs?

• If not, how much should they now receive?

Trying to attack their character usually adds cost and delays.

2. Look Closely at What the Claimant Is Asking For

Check whether their financial needs are backed up with proper evidence. Some claims are inflated or unrealistic, designed to reach a certain figure. Be ready to challenge vague or exaggerated numbers.

3. Don’t Assume the Claim Will Succeed

Even if the estate is large or the claimant was left out of the Will, it doesn’t mean the court will award them anything. Each case is decided on its own facts.

4. Make a Sensible Offer Early (if It makes sense to do so)

If the claim is likely to succeed in part, offering a modest settlement early on can be smart. It may put pressure on the claimant and save everyone time, money, and stress.

5. Think About the Impact on Benefits

If the claimant is on means-tested benefits, a large payment could leave them worse off. This is often overlooked but can help in negotiation. Sometimes, a smaller award better protects their long-term interests.

Why Mediation Is Strongly Encouraged

The courts expect parties to consider mediation or other alternative dispute resolution (ADR).

Benefits include:

• Avoiding court costs and stress

• Maintaining control over the outcome

• Reaching practical, creative solutions

Even if a settlement isn’t reached on the day, mediation often narrows the gap and leads to resolution soon after.

If you refuse to mediate without good reason, you may face adverse costs orders.

Need Advice About Defending a Claim?

At Forbes Solicitors, we have years of experience acting for Executors and beneficiaries facing IPFDA claims. We can help you:

• We can help you:

• Understand your legal position

• Respond appropriately as Executor or Beneficiary (or both)

• Protect the estate from unnecessary costs and risks

• Engage in settlement discussions or defend claims at trial if needed

Contact our Contentious Probate Team today for clear, practical advice… no jargon, no pressure.

Defending a claim under the Inheritance (Provision for Family and Dependants) Act 1975? We’ll help you do it properly and protect what’s rightfully yours.

Whether you are an Executor, Beneficiary, applicant, or legal professional, we pride ourselves on providing straightforward, prompt and practical legal advice to support you in navigating estate disputes and prioritising your interests. For a confidential consultation, call 0800 689 3607 to speak with a member of our team.