Claims Against Estates Under the Inheritance Act

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 examiners 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 classic SQE1 trap. 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.

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Practise Claims Against Estates Under the Inheritance Act Questions for SQE1

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Claims Against Estates Under the Inheritance Act for SQE1