Learning Outcomes
This article outlines who is eligible to apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, distinguishing the statutory applicant categories and the main requirements for bringing a claim. It covers dependency, the standards of reasonable provision (including the higher spouse/civil partner standard), category-specific rules (such as the two-year cohabitation requirement and restrictions on former spouses who have remarried), the court’s section 3 factors, the six‑month limitation period from the grant of representation and discretion to extend time, and practical implications for estate administration, including early identification of potential claimants and timing around grants of representation. It explains how to classify applicants into spouse/civil partner, former spouse/civil partner, cohabitant, child, child of the family, and dependant categories, and how those categories affect the applicable maintenance standard, the higher spouse standard, and the court’s range of orders. It examines the evidential focus of SQE1-style scenarios, including proof of maintenance, continuity of cohabitation and household, and the effect of prior financial remedy or bar orders on eligibility. It provides a clear analytical framework for comparing competing claims, ranking their relative strength, and avoiding common traps in single-best-answer questions.
SQE1 Syllabus
For SQE1, you are required to understand the statutory basis for claims under the Inheritance (Provision for Family and Dependants) Act 1975, including who can apply, the different categories of eligible applicants, and the main legal principles governing such claims, with a focus on the following syllabus points:
- the statutory categories of eligible applicants under the Act
- the requirements for dependency and reasonable financial provision
- the standards and factors courts use to assess claims
- the distinction between different types of applicants (e.g., spouse, cohabitant, child, dependant)
- the practical implications for estate administration and potential claims against estates
- the six-month limitation period from the date of the grant of representation to issue claims and the court’s discretion to extend time
- the spouse/civil partner’s higher provision standard and the divorce/dissolution cross-check used by the court
- the cohabitation test: living in the same household “as if” spouses/civil partners for the whole two years immediately before death
- the impact of any court orders on former spouses/civil partners (e.g., orders barring 1975 Act claims)
- basic probate form information (PA1P/PA1A) that identifies marital status and domicile, relevant to anticipating eligible applicants
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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Which of the following is NOT a statutory category of eligible applicant under the Inheritance (Provision for Family and Dependants) Act 1975?
- current spouse or civil partner
- former spouse who has remarried
- child of the deceased
- person maintained by the deceased
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What is the minimum period of cohabitation required for a cohabitee to apply under the Act?
- 6 months
- 1 year
- 2 years
- 5 years
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True or false? An adult child who is financially independent can never succeed in a claim under the Act.
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Which standard of provision applies to a spouse or civil partner applicant?
- maintenance only
- such provision as is reasonable in all the circumstances, whether or not required for maintenance
- provision limited to what is left in the will
- provision only if the estate is over £500,000
Introduction
The Inheritance (Provision for Family and Dependants) Act 1975 ("the Act") allows certain people to apply to the court for financial provision from a deceased person's estate if the will or intestacy rules fail to make reasonable provision for them. The Act sets out strict categories of eligible applicants and defines the standards and requirements for bringing a claim. For SQE1, you must be able to identify who can apply, what they must show, and how the courts approach these applications.
The Act applies primarily where a person dies domiciled in England and Wales. Claims are made against the deceased’s net estate, which is the property passing to the personal representatives and excludes certain trust interests and joint tenancies passing by survivorship. In practice, personal representatives make probate applications using forms PA1P (where there is a will) or PA1A (where there is no will). Those forms record key information such as the deceased’s marital status and domicile at death, which helps practitioners anticipate potential eligible applicants under the Act.
A claim must be issued within six months of the date of the grant of representation (time runs from the date the grant is sealed). The court has discretion to permit late applications, but applicants should provide a persuasive explanation for delay and the court will consider prejudice to beneficiaries and whether the estate has been distributed. Personal representatives should be alert to potential claims and often avoid distributing the estate before the limitation period expires without appropriate protections.
Key Term: eligible applicant
A person who falls within a statutory category under the Act and is permitted to apply for financial provision from a deceased’s estate.
Statutory Categories of Eligible Applicants
Only those falling within the categories set out in section 1 of the Act may apply. The court has no discretion to admit claims from persons outside these groups.
Spouse or Civil Partner
A person who was married to or in a civil partnership with the deceased at the time of death can apply. This includes separated spouses/civil partners, but not those whose marriage or partnership has been legally ended by divorce or dissolution. Judicial separation does not end the marriage, so a judicially separated spouse can still apply. Eligibility is determined at the date of death; if the marriage or civil partnership had been dissolved by then, the person falls into the “former spouse/civil partner” category (see below) or may be excluded if they have remarried.
For spouses/civil partners, the court is not confined to maintenance. The standard is such provision as would be reasonable in all the circumstances, whether or not required for maintenance. In assessing what is reasonable, the court may use a divorce/dissolution cross-check, considering what the applicant might have received if the marriage or civil partnership had ended at that time. The court also pays attention to section 3 factors and spouse-specific considerations such as the duration of the relationship and contributions to the welfare of the family.
Key Term: spouse/civil partner applicant
A person married to or in a civil partnership with the deceased at the date of death, entitled to apply under the Act.
Former Spouse or Civil Partner
A former spouse or civil partner who has not remarried or entered a new civil partnership may apply, unless barred by a court order (for example, as part of a divorce settlement). A “bar clause” in a financial remedy order can exclude claims under the 1975 Act; such orders should be checked carefully. The applicant’s claim will be assessed on the maintenance standard (unless the prior order specifies otherwise), and the court will consider the terms of the divorce/dissolution settlement and whether any continuing obligations existed at the time of death.
Importantly, if the former spouse or civil partner has remarried or formed a new civil partnership before the deceased’s death, they are excluded from applying. Where the prior financial remedy proceedings resulted in a clean break with no continuing maintenance, this can be a significant factor against making further provision from the estate.
Key Term: former spouse/civil partner applicant
A person previously married to or in a civil partnership with the deceased, who has not remarried or formed a new civil partnership, and is not barred by court order from applying.
Cohabitant
A person who lived in the same household as the deceased as if they were spouses or civil partners for the whole of the two years immediately before death may apply. The relationship must be akin to marriage or civil partnership in its substance, stability, and mutual support. The statutory requirement is continuous cohabitation in the same household for the full two-year period. Short absences consistent with cohabitation (e.g., hospital stays or temporary work commitments) do not necessarily break the continuity, but prolonged or substantive separations do.
The “as if” requirement focuses on a shared life reflecting the qualities of a marriage or civil partnership—shared residence, mutual commitment, financial interdependence or contribution, and public presentation as a couple. Cohabitants are assessed on the maintenance standard rather than the spouse standard. Where a cohabitant was also maintained by the deceased, they may frame the claim under both s.1(1A) (cohabitant) and s.1(1)(e) (dependant), though the standard of provision is maintenance in either case.
Key Term: cohabitant applicant
A person who lived with the deceased as if married or in a civil partnership for at least two years before death, and in the same household.
Child of the Deceased
Any child of the deceased, regardless of age or financial independence, is eligible. This includes adopted children. Eligibility does not require dependency at the time of death, but the standard of provision for adult children is maintenance. The court considers need, the size of the estate, any obligations the deceased owed to the child, and the reasons the deceased may have had for their testamentary dispositions.
The Supreme Court has emphasized that adult children who are financially independent will not automatically be denied relief; the question is whether maintenance is reasonably required in the circumstances. Provision can cover basic living needs and, in appropriate cases, housing by way of a lump sum or life interest. Explicit reasons for exclusion by the deceased may be weighed, but they are not determinative if the section 3 factors point to some provision being reasonable.
Key Term: child applicant
A biological or adopted child of the deceased, regardless of age or dependency, eligible to apply under the Act.
Person Treated as a Child of the Family
A person (not being a child of the deceased) who was treated by the deceased as a child of the family in relation to a marriage or civil partnership may apply. This often includes stepchildren raised in the deceased’s household. The applicant must demonstrate that the deceased assumed a parental role toward them, within the framework of a family unit connected to a marriage or civil partnership. Evidence may include long-term co-residence, financial support, participation in parental decision-making, and presentation to others as part of the family.
The standard of provision for such applicants is maintenance, and the court will look closely at the nature of the parental relationship and any continuing obligations at the time of death. Where the applicant has significant needs and the deceased had taken on parental responsibilities, the court may be more inclined to find that reasonable maintenance requires provision.
Key Term: child of the family applicant
A person treated by the deceased as a child of the family, for example, a stepchild, who is eligible to apply under the Act.
Dependant
Any person (not falling into the above categories) who was being maintained, wholly or partly, by the deceased immediately before death may apply. The maintenance must be substantial and not merely occasional gifts or payments for services. The key test is whether the deceased was making a contribution to the applicant’s reasonable needs, and whether that contribution had a settled, supportive character rather than being sporadic or commercial. It is not necessary to show a legal obligation to maintain; the question is factual and focuses on the reality of the support.
The court looks for continuity and substance in the maintenance. Paying rent, covering utility bills, providing regular living allowances, or supplying essential items can amount to maintenance. Maintenance provided under a commercial arrangement (e.g., paying a contractor’s invoices for services rendered) will not qualify. For dependants, the standard of provision is maintenance.
Key Term: dependant applicant
A person who was being maintained, wholly or partly, by the deceased immediately before death, and is eligible to apply under the Act.
Requirements and Standards for Claims
To succeed, an eligible applicant must show that the will or intestacy rules fail to make "reasonable financial provision" for them. The standard of provision differs depending on the category of applicant.
Key Term: reasonable financial provision
The standard of financial support the court considers appropriate for the applicant, as defined by the Act.
A claim is assessed by reference to all the circumstances, including the section 3 factors set out below. The core requirement is unmet reasonable financial provision. Courts start by asking whether the provision (if any) made for the applicant is reasonable; if not, they ask what order should be made.
A claim must be issued within six months from the date the grant of representation is sealed. Courts have a discretionary power to extend time, but late applications are exceptional. Delay must be explained, and the court will consider whether distribution has taken place and whether prejudice would be caused to beneficiaries or to the orderly administration of the estate. Personal representatives often avoid distribution (beyond necessary expenses) before the limitation period expires. The probate application forms PA1P and PA1A require disclosure of marital status and domicile, which in practice assists in anticipating potential claims.
Spouse or Civil Partner Standard
For a spouse or civil partner, the standard is such provision as would be reasonable in all the circumstances, whether or not required for maintenance. This gives the court a broad discretion to ensure fairness between the surviving spouse/civil partner and other claimants or beneficiaries. The court may consider what the applicant would have received on divorce, treating the death as occurring at that point and cross-checking outcomes. Housing needs, capital, and income support can be awarded, and orders may be structured to reflect both immediate and longer-term needs.
When evaluating spouses/civil partners, the court pays particular attention to relevant factors such as the duration of the relationship, contributions to the welfare of the family (including non-financial contributions like caregiving), and the applicant’s age and health. The size and nature of the estate and any competing claims are also important.
Other Applicants: Maintenance Standard
For all other applicants, the standard is what is reasonable for their maintenance. This is a lower threshold and is focused on meeting the applicant’s needs for living expenses. Maintenance is broad, covering income needs and, in appropriate cases, the provision of housing through capital or life interests. It is not about conferring capital beyond what is reasonable to secure maintenance. The court will be guided by the applicant’s needs and resources, and the competing needs of beneficiaries.
Dependency
Applicants in the "dependant" category must show that the deceased was making a substantial contribution to their reasonable needs, not merely paying for services or under a commercial arrangement. Payments must have the character of support rather than compensation for work or trade. The court will look at the regularity and extent of the support and whether it was ongoing up to the time of death. A single large payment may not be sufficient if it lacks a maintenance character, but consistent provision of essentials often is.
Key Term: dependency
A relationship where the deceased was making a substantial contribution to the applicant’s reasonable needs, not as part of a commercial arrangement.
Factors Considered by the Court
The court must consider all the circumstances, including:
- the applicant’s financial resources and needs (now and foreseeable)
- the financial resources and needs of any other applicant or beneficiary
- the obligations and responsibilities the deceased had towards the applicant or any beneficiary
- the size and nature of the estate
- any physical or mental disability of the applicant or any beneficiary
- any other relevant matter, including conduct
The court balances these factors to decide whether reasonable provision has been made and, if not, what order to make.
The financial resources and needs of the applicant, other applicants and beneficiaries are assessed with an eye to current and foreseeable needs. The court considers earning capacity, liabilities, housing arrangements, and the potential effect of any order on state benefits. It will compare the applicant’s situation with those of beneficiaries and other claimants to reach a fair balance.
Obligations and responsibilities include both legal obligations (for example, a parent’s duty to maintain a minor child) and moral obligations. The court may, in appropriate cases, find a moral obligation where, for example, a deceased had explicitly promised provision or assumed long-term responsibilities that were not reflected in the will. Illustrative scenarios include family understandings about property to be passed to children from prior relationships.
The size and nature of the estate often influences outcomes. Against small estates, claims are harder to sustain if they would significantly prejudice a widow(er) or dependent beneficiaries. In Re Coventry [1980] Ch 461, an adult son’s application was refused because the estate was modest and the widow’s needs were pressing; the court emphasized that provision must be proportionate to available resources and competing needs.
Disability, whether physical or mental, of applicants or beneficiaries is a specific statutory factor. Where disability affects earning capacity or increases living costs, the court may find that reasonable maintenance includes enhanced support or housing arrangements that accommodate the disability.
Conduct is also relevant but rarely decisive in isolation. Conduct may include financial irresponsibility, familial estrangement, or abusive behavior. The court will usually weigh conduct alongside needs and obligations rather than using it to exclude an otherwise meritorious claim.
For spouses/civil partners, the court is able to consider additional factors such as the duration of the marriage/civil partnership, the applicant’s age, and contributions to the welfare of the family, aligning the analysis with the broader fairness considerations seen in financial remedy cases. The divorce/dissolution cross-check ensures that provision reflects what might have been reasonable if the relationship had legally ended at that time.
Worked Example 1.1
Scenario:
Sarah dies intestate, survived by her adult son (Tom), her cohabiting partner (Lucy, who lived with Sarah for three years), and her estranged husband (from whom she was separated but not divorced). Sarah’s will left everything to Tom. Lucy was financially dependent on Sarah.
Question:
Who may apply for provision under the Act, and what must they show?
Answer:
Lucy may apply as a cohabitant (having lived with Sarah for at least two years) and as a dependant (being maintained by Sarah). Tom, as a child, may also apply, but as sole beneficiary is unlikely to do so. The estranged husband may apply as a spouse. Each must show that the will or intestacy rules fail to make reasonable provision for them, and the court will consider their needs, the estate size, and other relevant factors.
Worked Example 1.2
Scenario:
James dies leaving a will that excludes his adult daughter, Anna, who is financially independent. Anna applies under the Act.
Question:
Can Anna succeed in her claim?
Answer:
Anna is eligible as a child of the deceased. However, as an adult child who is financially independent, she must show special circumstances or a moral obligation for provision. The court will consider her needs, the estate, and the deceased’s reasons for exclusion. Adult children rarely succeed unless there is evidence of need or special circumstances.
Worked Example 1.3
Scenario:
Michael and Erin divorced five years before Michael’s death. Their consent order provided for a clean break and expressly barred further financial claims, including claims against the estate. Erin has since remarried. Michael’s will leaves everything to his brother.
Question:
Is Erin eligible to apply under the Act?
Answer:
Erin is not eligible. As a former spouse who has remarried, she is excluded from applying. In addition, the divorce consent order contains a bar clause preventing any 1975 Act claims. Even absent remarriage, the bar would have been a significant obstacle.
Worked Example 1.4
Scenario:
Priya was raised from age 6 by her mother and stepfather, Dev, in a stable family unit. Dev died, leaving his estate to his son from a prior relationship and making no provision for Priya. Priya is now 22, employed in a low-paid role, and rents a room. She applies under the Act.
Question:
On what basis can Priya apply and what standard governs her claim?
Answer:
Priya can apply as a person treated as a child of the family in relation to Dev’s marriage to her mother. Her claim will be assessed on the maintenance standard. The court will weigh the parental role Dev assumed toward Priya, her current needs and resources, and the estate’s size and competing claims.
Worked Example 1.5
Scenario:
Ahmed, a retired widower, received £600 per month from his close friend, Beatrice, for three years to help with rent and utilities. Beatrice dies, leaving her estate to charity. Ahmed applies under the Act.
Question:
Is Ahmed eligible to apply, and what must he show?
Answer:
Ahmed may apply as a dependant if he can show that Beatrice was maintaining him immediately before death. Regular contributions to rent and utilities are classic maintenance. He must show that the will fails to make reasonable provision for his maintenance, and the court will consider his needs, the charity’s position, and the estate’s resources.
Exam Warning
For SQE1, remember that not all relatives or cohabitants are eligible to apply. Only those falling within the statutory categories can bring a claim. Former spouses or civil partners who have remarried or entered a new civil partnership are excluded. Strictly note the six-month limitation period from the grant of representation; late applications require court permission and are exceptional.
Revision Tip
When answering SQE1 questions, always identify the applicant’s category and check if they meet the statutory requirements (e.g., length of cohabitation, dependency, or status at death). Then apply the correct provision standard (spouse/civil partner higher standard; others maintenance) and weigh the section 3 factors, including obligations, needs, estate size, and any relevant disability or conduct.
Key Point Checklist
This article has covered the following key knowledge points:
- Only statutory categories of applicants may claim under the Act.
- The main categories are spouse/civil partner, former spouse/civil partner (not remarried), cohabitant (2 years), child, child of the family, and dependant.
- The standard of provision differs: spouses/civil partners may receive more than maintenance; others are limited to maintenance.
- Dependency must be substantial and not a commercial arrangement.
- The court considers the applicant’s needs, the estate, obligations, disability, conduct, and other relevant factors.
- Adult children can apply but rarely succeed unless there is need or special circumstances; housing may be awarded as part of maintenance.
- A claim must be issued within six months from the date of the grant of representation; late claims need court permission and must address prejudice and delay.
- Divorce/dissolution arrangements, including bar clauses, can affect eligibility and outcomes for former spouses/civil partners.
- The cohabitant category requires living in the same household as if spouses/civil partners for the whole two years immediately before death.
Key Terms and Concepts
- eligible applicant
- spouse/civil partner applicant
- former spouse/civil partner applicant
- cohabitant applicant
- child applicant
- child of the family applicant
- dependant applicant
- reasonable financial provision
- dependency