Inheritance Act 1975 Claim: How to Prepare Your Court Bundle

Considering an Inheritance Act claim? The 1975 Act is the statutory route for challenging what you receive — or do not receive — from a deceased person's estate. But getting your court bundle right is critical. BundleCreator.co produces bundles built around CPR Part 57 and the Chancery Guide with pre-loaded document templates for Inheritance Act claims, so you can focus on the substance of your case rather than the mechanics of document assembly.

Who Can Bring an Inheritance Act Claim?

The 1975 Act does not allow just anyone to challenge a will. Section 1 sets out a closed list of eligible applicants:

The cohabitant category was added by the Law Reform (Succession) Act 1995 and has become increasingly significant as the number of cohabiting couples in England and Wales continues to rise. According to the Office for National Statistics, opposite-sex cohabiting couple families made up 17% of all families in 2023 compared with 15% a decade earlier (ONS, Families and households in the UK: 2023; UK-wide figure).

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The Two Standards of Provision

Not all applicants are measured by the same yardstick. The Act draws a crucial distinction:

Surviving Spouse or Civil Partner Standard

A surviving spouse or civil partner is entitled to such financial provision as it would be reasonable in all the circumstances for them to receive, whether or not that provision is required for their maintenance. This is a broader, more generous standard.

Maintenance Standard

All other applicants — including adult children, cohabitants, and dependants — are limited to such provision as it would be reasonable for them to receive for their maintenance. Maintenance does not mean bare subsistence, but it does impose a meaningful ceiling. The leading authority remains Ilott v The Blue Cross [2017] UKSC 17, in which the Supreme Court restored a modest award of £50,000 to an estranged adult daughter from an estate of about £486,000 ([6], [43]) and held that maintenance means provision to meet the everyday expenses of living, not limited to subsistence level ([14]–[15]).

Understanding which standard applies to your claim is essential because it shapes every aspect of your evidence — and therefore your bundle.

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Time Limits: The Six-Month Rule

Section 4 of the 1975 Act provides that applications must be made within six months from the date on which representation with respect to the estate of the deceased is first taken out — in practical terms, six months from the grant of probate or letters of administration.

Can the Court Extend Time?

Yes, but do not rely on it. The court has a discretion to allow late applications under section 4, but it is a discretion that is exercised cautiously. In Berger v Berger [2013] EWCA Civ 1305, the Court of Appeal (at [44]) set out the relevant guidelines:

• The discretion is unfettered
• The burden is on the applicant
• How promptly they acted and the circumstances of the delay
• Whether negotiations began within the six months
• Whether the estate has been distributed
• Whether refusal would leave the applicant without redress against anyone else
• Whether the claim is arguable

In Cowan v Foreman [2019] EWCA Civ 1336 permission was granted where the delay followed a standstill agreement.

If the estate has already been distributed to beneficiaries, a late application becomes significantly more difficult. The practical lesson is clear: act promptly, and if you are within the six-month window, issue your claim without delay.

Protective Measures

If you suspect you may have an Inheritance Act claim but the grant of probate has not yet been issued, consider:

1. Do not rely on a caveat. A caveat is for disputes about the will or who takes the grant; a 1975 Act claimant has no interest contrary to the grant and could not enter an appearance to a warning (NCPR r.44(10)). A caveat also delays the grant, and with it the start of your six months.
2. Filing a standing search to be notified when a grant has issued (NCPR r.43)
3. Writing a letter before action to the personal representatives, putting them on notice of your potential claim
4. You may issue a 1975 Act claim before a grant (s.4; CPR 57.16(3A))

These steps ensure you are not caught out by a grant being issued without your knowledge.

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Grounds for a Claim: The Section 3 Factors

When determining whether to make an order, and if so what order, the court considers a range of factors set out in section 3 of the Act. Your bundle must contain evidence addressing each relevant factor.

General Factors (All Applicants)

Additional Factors for Specific Applicants

For spouses and civil partners, the court also considers the age of the applicant, the duration of the marriage, and the provision the applicant might have expected to receive on divorce. The divorce comparison does not set an upper or lower limit on the award (s.3(2) as amended), and in a short marriage it carries less weight (Fielden v Cunliffe [2005] EWCA Civ 1508 at [30]–[31]).

For children, the court considers whether and in what manner the applicant was being or might expect to be educated or trained. An adult child need not show a moral claim, but something more than the relationship and need is usually required (Ilott at [19]–[20]) — the Act does not guarantee inheritance as of right.

For cohabitants, the court considers the age of the applicant and the duration of the cohabitation.

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Structuring Your Court Bundle

A well-organised bundle for an Inheritance Act claim typically follows this structure:

Section A: Court Documents

• Part 8 claim form (N208) and the claimant's witness statement exhibiting the grant and will (CPR 57.16(3))
• Acknowledgments of service (N210) and defendants' written evidence (21 days: CPR 57.16(4))
• The personal representative's statement under PD 57 para 16
• Any court orders and directions
• Case summary (if required by the court)

Section B: The Will and Probate Documents

• The deceased's last will and testament
• Any earlier wills (if relevant to the claim)
• Grant of probate or letters of administration
• IHT forms and probate application documents
• Any letter of wishes left by the deceased

Section C: Financial Evidence

• Estate accounts or interim estate accounts
• Property valuations
• Bank and investment statements (both the estate's and the applicant's)
• The applicant's income and expenditure schedule
• Benefits documentation
• Mortgage and liability evidence

Section D: Witness Evidence

• Applicant's witness statement
• Witness statements from family members, friends, or professionals
• Any expert evidence (forensic accountant's report, property valuation)

Section E: Correspondence

• Pre-action correspondence
• Solicitors' letters
• Any without prejudice save as to costs correspondence (only if privilege is waived)
• Mediation documentation (if the court has directed disclosure)

Section F: Miscellaneous

• Medical records (if physical or mental disability is relied upon)
• Photographs or other documentary evidence of the relationship
• Social services records, care assessments

Tip: Courts expect bundles to be paginated consecutively from beginning to end, with a detailed index at the front. BundleCreator.co handles this automatically — upload your documents, arrange them into sections, and the platform generates sequential pagination, an indexed table of contents, and bookmarked navigation for electronic filing.

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Evidence That Strengthens Your Claim

Beyond the mandatory documents, certain types of evidence carry particular weight in Inheritance Act claims:

Financial Dependency Evidence

If your claim rests on financial dependency, you need to demonstrate not merely that the deceased gave you money, but that the deceased was making a substantial contribution in money or money's worth towards your reasonable needs (s.1(3)); how far, and on what basis, the deceased assumed responsibility is a factor the court weighs (s.3(4)). Regular bank transfers, standing orders, evidence of bills paid on your behalf, and witness evidence of living arrangements all help establish the pattern.

Promises and Assurances

Whilst the 1975 Act is not a proprietary estoppel claim, evidence of promises made by the deceased — that they would "look after you" or "leave you the house" — is relevant to the court's assessment of the deceased's obligations and responsibilities. Text messages, letters, emails, and diary entries may all be significant.

The Deceased's Reasons

A letter of wishes, notes from the will-making process, or even the solicitor's attendance note of the will instructions can shed light on why the deceased distributed their estate as they did. Ask the personal representatives for them early; whether privilege can be claimed over them is a question to take advice on.

Expert Evidence

In higher-value claims, a forensic accountant's report on the estate's true value — including any lifetime gifts, trust assets, or nominated assets falling outside the probate estate — can be invaluable. Property valuations by a chartered surveyor are routinely required.

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Practical Tips for Litigants in Person

If you are bringing an Inheritance Act claim without a solicitor, keep these points firmly in mind:

1. Gather financial evidence early. Banks and building societies may be slow to release the deceased's records. Write to them as soon as possible, explaining that you are a potential claimant under the 1975 Act.

2. Request the solicitor's file. Under the principle in Larke v Nugus [2000] WTLR 1033, the solicitor who prepared the will is expected, under Law Society guidance and the Larke v Nugus practice, to provide a statement setting out the circumstances in which the will was prepared, the testator's instructions, and any concerns about capacity. Make this request in writing as early as possible.

3. Keep your own financial records immaculate. The court will scrutinise your income, expenditure, assets, and liabilities in detail. Prepare a clear schedule and support it with documentary evidence.

4. Do not delay. The six-month time limit is strict. If you are approaching the deadline and are not ready to issue proceedings, consider issuing a protective claim and seeking an extension of time for service.

5. Consider mediation. The court expects parties to have genuinely engaged with alternative dispute resolution before trial. The court may order ADR (CPR 3.1(2)(o)) and unreasonable refusal can affect costs (CPR 44.2(5)(e)).

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How BundleCreator.co Can Help

Inheritance Act claims are document-intensive. Between the will, the probate documents, the financial evidence, the witness statements, and the correspondence, BundleCreator.co handles the mechanical burden:

• Automatic consecutive pagination across all sections and documents
• Indexed sections with customisable headings matching the structure above
• PDF merging of scanned financial records, medical documents, and correspondence into a single file
• Bookmark generation for electronic bundles filed with the Chancery Division or county court
• Pre-loaded document templates for common Inheritance Act documents, including witness statement templates and financial schedules

Whether you are a solicitor managing a complex multi-beneficiary claim or a litigant in person seeking reasonable provision from a parent's estate, BundleCreator.co helps you build a bundle designed to follow the bundle guidance of the court hearing your claim so your case can be presented in the best possible light.

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Frequently Asked Questions

Can adult children claim under the Inheritance Act?

Yes. There is no age limit for children of the deceased. An adult child need not show a moral claim, but need plus the relationship is not always enough and something more is usually required (Ilott at [19]–[20]) — the Act does not create an automatic right to inherit. The Supreme Court in Ilott v The Blue Cross confirmed that the maintenance standard applies, and adult children in good health with earning capacity may face an uphill struggle unless they can point to a promise, financial dependency, or disability.

What happens if the estate has already been distributed?

If the estate has been distributed before a claim is issued, the court can still make an order, but recovery from beneficiaries becomes practically more difficult. Personal representatives who distribute within six months of the grant may be personally liable (a PR is protected for distributions made after six months: s.20(1)). This is why entering a standing search or sending a letter before action promptly is so important.

Is the deceased's letter of wishes legally binding?

No. A letter of wishes is not a legally binding document and does not form part of the will. However, it is relevant evidence in an Inheritance Act claim because it may reveal the deceased's reasons for their testamentary dispositions, which the court must consider under section 3(1)(g). It can work for or against a claimant.

How much does an Inheritance Act claim cost?

Costs vary widely. The general rule is that costs follow the event, but the court has a broader discretion in probate cases and may order costs from the estate. Conditional fee agreements and after-the-event insurance are available for some claims.

Can I bring a claim if there is no will?

Yes. The 1975 Act applies equally to intestate estates. If the statutory intestacy rules fail to make reasonable financial provision for an eligible applicant, a claim can be brought. This is particularly relevant for cohabitants, who receive nothing on intestacy, and for adult children where the intestacy rules may produce an unfair result.

What is the role of mediation in Inheritance Act claims?

Mediation is strongly encouraged. The court expects parties to have considered ADR before trial. The court may order ADR (CPR 3.1(2)(o)) and unreasonable refusal can affect costs (CPR 44.2(5)(e)).

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This article is for general informational purposes only and does not constitute legal advice. Inheritance Act claims involve complex legal and evidential issues; you should seek specialist legal advice before taking any steps. References to legislation are to the law as it stood on 27 September 2026.

Related reading

• Contentious Probate Court Bundle: A Complete Guide
• Challenging a Will's Validity: Evidence You Need for Court
• How to Apply to Remove an Executor: A Practical Guide