Left out of a will? You may have an Inheritance Act claim on a No Win No Fee basis

What the courts look at

A claim is not about whether the will was fair in a general sense. The court asks whether the estate makes reasonable financial provision for you, and if not, what provision it should make. These are the leading cases that shape that decision.

Ilott v The Blue Cross [2017] UKSC 17

The Supreme Court confirmed that for anyone other than a spouse or civil partner, provision is limited to what is needed for maintenance, meaning your everyday living needs rather than a share of the estate for its own sake. An estranged adult daughter was awarded £50,000 from an estate left entirely to charities. The case shows that adult children can succeed, but the award is measured by need.

Re Coventry [1980] Ch 461

An older case that is still quoted. For a healthy adult child, the court looks for something beyond the bare fact of the relationship, such as a real financial need, a promise, or years of unpaid care and support. The stronger those factors, the better the prospects.

Negus v Bahouse [2008] EWCA Civ 1002

A partner who had lived with the deceased for nine years was awarded a lump sum for housing as well as maintenance. The case is often relied on where a cohabiting partner has been left with nowhere to live.

Hirachand v Hirachand [2024] UKSC 43

The Supreme Court decided that a No Win No Fee success fee cannot be added to the award itself. Our panel solicitors understand how this affects funding and will explain the position clearly before you commit to anything.

Frequently asked questions

Can I claim if I was left something in the will, but not enough?

Yes. The question is whether the provision is reasonable in your circumstances, not whether you were left out completely. Small legacies are challenged regularly.

Can I claim if there was no will?

Yes. The Act applies to estates passing under the intestacy rules as well. Unmarried partners in particular are often left with nothing under those rules and may be able to claim.

How much could I receive?

It depends on your needs, the size of the estate and the competing claims of others. Spouses and civil partners are assessed more generously, broadly by reference to what they might have received on divorce. Everyone else is assessed by reference to maintenance.

Will I have to go to court?

Most claims settle through negotiation or mediation. A hearing is the exception rather than the rule, and your solicitor may recommend settlement where it is in your interests.