What is the Inheritance Act and How Can It Help Spouses?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim from an estate if they’ve been unfairly left out or provided for inadequately. Spouses and civil partners are treated as a special category with stronger rights than most.

You don’t have to prove the Will is invalid. You simply need to show that the Will or the default inheritance rules haven’t made reasonable financial provision for you.

What Counts as ‘Reasonable Financial Provision’?

For surviving spouses, the legal standard is generous. The law says you're entitled to:

“...provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for their maintenance.”

This means you can claim more than just enough to survive. The Court can award what’s fair, often taking into account the lifestyle you shared during the marriage, your needs now and in the future, and what you might have received in a divorce.

The Court will ask:

1. Has the Will (or intestacy rules) made reasonable provision for you?

2. If not, what should now be provided from the estate?

How the Court Decides Your Claim

The Judge will look at things like:

• Your income and outgoings now and in the future

• The size of the estate

• What other beneficiaries or family members need

• The length of your marriage

• What you'd likely have received if you had divorced

Spousal claims are also influenced by Family Law principles:

1. Needs First

The Court starts with your financial needs - housing, bills, and future care.

 2. Compensation for Sacrifices

If you gave up work or earned less to support the family, that can increase your claim.

3. Sharing What's Left

Only if there’s surplus left after needs and compensation are covered, the Court may divide remaining assets equally.

Importantly, Courts recognise that after a spouse’s death, there is only one person left to support - not two, as in divorce. This may justify a more generous award.

Do You Automatically Get Half the Estate? Not Quite

You may have heard that spouses get 50/50. That’s not always true. The Court takes a case-by-case approach:

• Matrimonial assets (earned or acquired during the marriage) are more likely to be shared

• Non-matrimonial assets (from before the marriage or inherited) are sometimes excluded, unless they’ve been used jointly or the marriage was long

The family home is usually treated as a shared asset, even if it’s in your spouse’s name.

Also, your own assets (like pensions or life insurance benefits) are factored in. The goal is to reach a fair balance overall, not necessarily an equal split of the estate.

Can You Settle Without Going to Court? Yes, And You Probably Should

The Courts now expect people to try mediation or other alternatives to the Court. Mediation is usually quicker, less stressful, and more cost-effective. It works well in inheritance disputes, especially where emotions are high and relationships matter.

If someone refuses to mediate without good reason, the Court may penalise them in costs.

What To Do If You’ve Been Left Out or Left Short

You only have six months from the date of probate to bring a claim. So don’t delay.

How Forbes Can Help

At Forbes Solicitors, we’re experts in inheritance disputes involving surviving spouses and civil partners. If you’ve been left out of a Will - or left with less than you need - we’re here to guide you every step of the way.

We’ll start by listening to your situation and giving you clear, practical advice about your rights and your options under the Inheritance Act. We explain things in plain English, not legal jargon, so you can make confident, informed decisions.

In many cases, we can act on a no win, no fee basis, so there’s no financial risk to getting the support you deserve.

Contact us today for a free, no-obligation consultation and find out how we can help secure a fair outcome for you.