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Claims Against Estates Under the Inheritance Act for SQE1

Part of our SQE1 Wills and Administration of Estates guide → View the full SQE1 Wills and Administration of Estates guide

11 Apr 2026

Wills and Administration of Estates – Claims Against Estates Under the Inheritance Act 1975

Wills and Administration of Estates > Claims Against Estates Under the Inheritance Act

What is Claims Against Estates Under the Inheritance Act in SQE1?

Candidates often lose marks on SQE1 by applying the surviving spouse standard to cohabitants — a distinction SQE1 questions may test repeatedly. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim reasonable financial provision from a deceased's estate where the will or intestacy rules do not make adequate provision for them.

What Are Claims Under the Inheritance Act 1975?

The Inheritance Act 1975 gives the court a discretionary power to make orders for reasonable financial provision from a deceased's estate where the disposition of the estate does not make reasonable financial provision for certain categories of applicant. Understanding these rules is essential for navigating wills and administration of estates and complements knowledge of intestacy and grants of representation.

Key Principles for SQE1

Eligible applicants (s.1): (a) surviving spouse or civil partner; (b) former spouse or civil partner who has not remarried; (c) cohabitant who lived with the deceased as spouse for at least two years immediately before death; (d) child of the deceased; (e) person treated as a child of the family; (f) any person maintained, wholly or partly, by the deceased immediately before death. Surviving spouse standard (s.1(2)(a)): whether the estate makes such financial provision as it would be reasonable for the applicant to receive, whether or not required for maintenance - a broader, more generous standard. Maintenance standard (s.1(2)(b)): for all other applicants - whether the estate makes reasonable financial provision for the applicant's maintenance.

  • Section 3 factors: the court considers the applicant's financial resources and needs; the financial resources and needs of any beneficiary; any obligations of the deceased towards the applicant; the size of the estate; any disability of the applicant; and any other relevant matter. Time limit (s.4): the application must be made within six months of the date of the grant of representation. The court has discretion to extend. Orders available (s.2): periodic payments, lump sum, transfer of property, settlement of property, variation of a nuptial settlement.
  • Anti: avoidance (ss.10–13): the court can claw back property transferred by the deceased within six years of death if the transfer was made to defeat an Inheritance Act claim.
  • Domicile: the deceased must have been domiciled in England and Wales at the date of death.

How This Appears in SQE1 Questions

SQE1 questions present a family scenario and ask whether a particular person can claim and what standard applies. This is a common SQE1 pitfall. The critical trap is applying the surviving spouse standard to a cohabitant - cohabitants receive only the maintenance standard. Questions also test the six-month time limit and the two-year cohabitation requirement.

Quick Example Scenario

Tom dies leaving his entire estate of £500,000 to a charity. Tom's partner, Liz, lived with him for the last four years. They were not married. Liz has limited savings and no income. Can Liz claim? Yes. Liz qualifies as a cohabitant under s.1(1)(ba) because she lived with Tom as his spouse for at least two years immediately before death. However, she is entitled only to the maintenance standard, not the surviving spouse standard. The court will consider her financial needs, the size of the estate, and the s.3 factors in deciding what provision to make.

Common Mistakes Students Make

  • Applying the surviving spouse standard to cohabitants - only surviving spouses and civil partners receive the more generous standard.
  • Forgetting the two-year cohabitation requirement - the applicant must have lived with the deceased for at least two years immediately before death.
  • Missing the six-month time limit from the date of the grant of representation - not from the date of death.
  • Assuming only named categories can claim - any person maintained by the deceased immediately before death is also eligible.

Exam tip

Surviving spouses and civil partners receive the unrestricted 'reasonable provision' standard; all others receive only the 'maintenance' standard — this is the critical distinction. Cohabitants must have lived together for at least two years immediately before death. The six-month time limit runs from the grant of representation, not from death. Apply the s.3 factors systematically: financial resources and needs of applicant and beneficiaries, obligations owed, size of estate, disability, and other relevant matters.

Quick Summary

  • This topic combines statutory knowledge with practical application.
  • Master the key principles, understand the statutory framework, and practise applying these rules to realistic client scenarios.

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A man dies leaving a valid will. His estate is valued at £300,000 and consists of a bank account of £150,000, an investment portfolio of £100,000, and personal chattels valued at £50,000. The will contains the following gifts: £80,000 to his daughter; £50,000 to his local cricket club; his personal chattels to his brother; and the residue to his wife. After the grant of probate is obtained, the personal representative discovers that the man owed the following debts: a secured mortgage of £60,000 on a property he owned (which has since been sold and the proceeds are included in the bank account figure), unsecured credit card debts of £30,000, and funeral expenses of £8,000. The personal representative also receives a claim from the man's former business partner for £40,000 under a guarantee the man had given. The personal representative has verified this claim. The total debts and funeral expenses amount to £138,000, leaving an estate of £162,000 after payment of debts. The personal representative needs to determine which gifts must be reduced to pay the debts. The man's wife is concerned that her residuary gift will be significantly reduced. The will does not contain any direction as to the order in which assets should be used to pay debts. The daughter argues that her pecuniary legacy should be paid in full before any debts are deducted from the estate.

Which of the following best describes the order in which the gifts in the will should abate to meet the debts of £138,000?

Question 2

Scenario

A solicitor is acting as the sole executor and trustee of a deceased client's estate. The estate comprises a residential property valued at £600,000, various investments worth £250,000, and personal effects. The will leaves a pecuniary legacy of £50,000 to the deceased's brother, the residential property to the deceased's daughter, and the residue to the deceased's son. The solicitor obtains a grant of probate and begins to administer the estate. During administration, the solicitor discovers that the estate has outstanding debts of £180,000, including an unsecured personal loan and credit card debts. The estate also has an inheritance tax liability of £90,000. The solicitor considers whether it is necessary to sell the residential property to meet the debts and tax. The daughter insists the property should be preserved for her and that the investments should be sold first. The son argues that both the property and investments should be sold and the remaining proceeds divided equally between him and his sister. The brother is anxious to receive his pecuniary legacy promptly. The solicitor recalls that the will contains no express provision directing which assets should be used to pay debts. The deceased had also been a member of a local gardening club, which has written to express condolences.

In which order should the solicitor apply the estate assets to pay the debts and inheritance tax?

Question 3

Scenario

A man died leaving a valid will. The personal representatives have obtained the grant of probate and are ready to distribute the estate. Before distribution, the personal representatives wish to protect themselves against claims from unknown creditors. The estate is valued at £180,000 and comprises a bank account and personal possessions. There are no known debts other than funeral expenses which have been paid. The deceased had lived alone and had few financial commitments.

Which of the following best describes the steps the personal representatives should take to protect themselves before distribution?

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