Died Without a Will? Your Rights Under the Inheritance Act
Dying without a Will can lead to unexpected – and often unfair – consequences for those left behind. If you’ve lost someone and been left with nothing, don’t assume the law has the final word. This article explores how the Inheritance Act 1975 could give you a second chance to claim financial provision, even when intestacy rules apply.
Published: July 22nd, 2025
4 min read
When someone dies without leaving a Will, it’s called intestacy. The law steps in with a strict set of rules that decide who inherits and who doesn’t.
Unfortunately, these rules can be unfair, especially for people in modern families or informal relationships. Many find themselves left with nothing, despite years of emotional or financial connection to the deceased.
The good news? You may still have options.
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply for financial provision even if there’s no Will and they aren’t entitled under the intestacy rules.
How the Intestacy Rules Work
If someone dies without a valid Will, their estate is distributed according to a legal formula. It’s inflexible and based on blood and legal relationships, not on need or fairness.
Here’s a simplified breakdown:
A spouse or civil partner usually inherits most or all of the estate.
Children inherit next, but often if there’s no surviving spouse, unless it is a large estate.
Other family members (e.g. parents, siblings) may benefit if there’s no spouse or children.
But here’s the problem: not everyone is included, even if they played a central role in the deceased’s life.
Who Gets Left Out?
These are the people we most often see excluded by intestacy:
(a) Unmarried Partners
Even if you lived together for decades, you have no automatic right to inherit under intestacy. You could be left homeless or without income.
(b) Adult Children
If a parent dies and leaves everything to a new spouse, adult children can be left with nothing, especially if no Will was made to protect their share.
(c) Stepchildren and Informal Dependants
If you were supported financially by the deceased but weren’t legally their child, you’re not included in intestacy.
It’s not fair, but the Inheritance Act exists precisely for these scenarios.
Using the Inheritance Act to Fix an Unfair Outcome
The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people apply to the Court for reasonable financial provision from the estate.
To bring a claim, you must fall into one of these categories:
Spouse or civil partner
Former spouse (not remarried)
Cohabitee (lived with the deceased for 2+ years)
Child (including adults)
Someone treated as a child (e.g. stepchild)
Someone financially dependent on the deceased
The Court will consider your financial needs, the size of the estate, and what would be fair in the circumstances.
When and How to Bring a Claim
Timing matters. You only have six months from the grant of probate or letters of administration to make a claim under the Act. The earlier you seek advice, the better.
Our team will:
Advise if you qualify
Gather evidence to support your case
Handle negotiations with the estate or other beneficiaries
Issue proceedings where needed
Most cases settle out of Court, but we’ll stand firm if negotiation fails.
Think You’ve Been Left With Nothing? It May Not Be the End of the Story.
If you’ve been excluded because there was no Will, or you’re worried about what’s happening with an intestate estate, speak to us.
We’re specialist contentious probate solicitors, and we help people across the country claim what they’re entitled to under the Inheritance Act.
We offer a free initial consultation, and in many cases, we act on a no win, no fee basis.
Contact our team today for clear, practical advice on whether you can make a claim.
You may still have rights, even if the law has left you behind.
How Forbes Can Help
At Forbes Solicitors, we understand how distressing it can be to be left out of a loved one’s estate, especially when there was no Will in place.
Our specialist Contentious Probate team has extensive experience helping clients bring claims under the Inheritance (Provision for Family and Dependants) Act 1975. Whether you’re an unmarried partner, adult child, or someone who was financially dependent on the deceased, we can advise whether you’re eligible to make a claim and guide you through every step.
If you believe you’ve been unfairly left out because there was no Will, contact our contentious probate solicitors today. We’re here to help you assert your rights and secure the financial provision you may be entitled to.
For more information or to discuss your case, contact our Contentious Probate and Trusts division.
For further information please contact John Lambe
