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This article incorporates a previous 2017 article which can be found here: Preventative measures to reduce the risk of potential inheritance disputes.
As the Inheritance (Provision for Family and Dependants) Act 1975 (The Inheritance Act 1975) has celebrated its 50th birthday, it seems like an opportune time to reflect on how the provisions of the Act apply to modern society and the benefits of early estate planning to help prevent claims made under it.
The Inheritance (Provision for Family and Dependants) Act 1975
In essence, a person has the right to leave their assets to whomever they so choose. However, with this right comes the potential for unfairness. The Inheritance Act 1975 was introduced to help curb this worry. It empowered the Court to make provision for an applicant by allowing it to redistribute funds from the deceased's estate.
In recent years, it has been noted that there has been an increasing number of claims, many from children and step-children. Considering the rising cost of living and the reliance on future inheritance that many children have, it is perhaps unsurprising that from 2014 to 2023, probate challenges in general have increased 37%, according to a 2025 report by a probate lending firm. In that same report, 38% of people interviewed said they would dispute a will if they thought their inheritance was unfair. Indeed, with 8.3 million people on Universal Credit (as of October 2025), the number of inheritance disputes may continue to rise.
Eligible Applicants
The scope of eligible applicants under the Inheritance Act 1975 is broad. In contrast to other inheritance provisions, for example, the Intestacy rules, the Inheritance Act 1975 allows for the former spouse or any dependant (which, for example, includes step-children) of the deceased to make a claim against the estate where they believe they have not been reasonably provided for.
Reasonable Provision
It should be noted by testators that 'reasonable provision' has no set definition. What is reasonable for a spouse is dependent on 'all the circumstances' (s1B(2)a Inheritance Act 1975), whereas other applicants need to show that the inheritance is necessary to maintain themselves (s1B(2)b Inheritance Act 1975).
Whilst there is no set definition, reasonable provision is not decided in a vacuum; section 3 of the Inheritance Act 1975 states that the court will determine reasonableness with reference to:
- future resources and needs of the applicant, other applicants and beneficiaries;
- obligations that were owed to the applicant by the deceased;
- the size of the estate;
- any disability the applicant has; and
- any other relevant factor for example the conduct of the applicant.
These provide a useful guide for testators who are trying to avoid a future claim.
Minimising the Risk of Claims and Anti-avoidance Legislation
It is not always possible to avoid a claim being made against an estate. However, steps can be taken to minimise these risks.
Transparency
Having a conversation about the provisions in your will with any potential claimants can help reduce the shock that may lead to a claim being made. Equally, providing a detailed letter of wishes or statement of reasons can help explain to the Court why certain beneficiaries have received provisions or been excluded. For example, there has been other reasonable provision through lifetime gifts.
Forfeiture and no-contest clauses
Forfeiture clauses (also known as no-contest clauses) are clauses which can be included in a will to prevent people from challenging it. They aim to take away the challenger's right to any inheritance they are due to receive in the will. Such clauses are unlikely to exclude the court from considering a claim (Nathan v Leonard 2002), but it can help reduce the risk of one being made. In borderline cases, where some provision has been left in the Will, no-contest clauses can be useful in deterring a claim from a potential applicant who does not want to risk any inheritance they have already been given.
Trusts
Discretionary trusts are useful estate planning tools, but they come with positives and negatives for the Inheritance Act 1975. Using a discretionary trust may allow your trustees to prevent a claim going through the Courts by adding a potential applicant to the pool of beneficiaries, thus avoiding the expenses that come with protracted court cases. When paired with a letter of wishes they can also direct who you would like provisions to be made to. Equally, such trusts can sometimes provoke claims where a beneficiary of a discretionary trust is uncertain of the amount of provision they will receive. Therefore, in some cases, making an outright gift or creating a life interest trust may help avoid a claim.
Anti-avoidance legislation
Trusts and lifetime gifts may be useful in helping a testator maintain control over whose hands their assets end up in, but they should be wary of the temptation to do this to avoid property being included in their estate for Inheritance Act 1975 purposes.
Section 10 of the Inheritance Act 1975 contains anti-avoidance legislation which allows the court to look back on gifts made to others (including trustees) in the 6 years prior to death. Importantly, the fact that the gift in question was not solely made to defeat a claim under the 1975 Act does not preclude it being added back into the estate. It is enough if it is proven that the disposition was made with an intention to stop someone from being entitled to the asset, if they were to make a claim.
Final Thoughts
As the reliance on inheritance grows, it is likely that we will see an increase in claims being made under the Inheritance Act 1975, and whilst one cannot guarantee a will is protected, steps can be taken to help reduce the risk. Early planning is essential in ensuring that you have the time to make sure your final wishes are respected.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
