According to figures published by the Royal Courts of Justice, there were as many as 10,000 claims made under the Inheritance (Provision for Family and Dependants) Act 1975 in 2024 alone. Between 2012 and 2023, the number of these claims increased by over 127%. Clearly, inheritance act claims are on the rise — but does this mean making a will is pointless?

Absolutely not.

Let’s explore why writing a will still matters, how the Inheritance Act works, and why testamentary freedom remains fundamental.

What Is the Inheritance Act?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make a claim for reasonable financial provision from a deceased person’s estate — even if they are not named in the will or entitled under the rules of intestacy.

Those eligible to make a claim include:

• The spouse or civil partner of the deceased
• A former spouse or civil partner (if not remarried)
• A child of the deceased
• Someone treated as a child of the deceased
• A person being financially maintained by the deceased prior to death

The key test is whether the will (or intestacy rules) fails to make “reasonable financial provision” for the claimant.

Does This Undermine the Purpose of a Will?

It’s understandable that people ask: What’s the point in making a will if others can challenge it?

However, just because someone is eligible to bring a claim does not mean that their claim will be successful. So, it is still important to document your final wishes. The Inheritance Act provides a route to make a claim, but it does not guarantee success. The court must answer two critical questions:

1. Should any provision be made at all?
2. If so, what is the appropriate amount?

When deciding an Inheritance Act claim, the court must consider a range of factors under Section 3 of the Inheritance (Provision for Family and Dependants) Act 1975. Each factor is assessed carefully — and any one of them can weigh against the claimant. Here’s how:

1. The financial needs and resources of the claimant

   The claimant must clearly evidence their financial needs and demonstrate why they are unable to meet those needs from other sources. However, financial need alone is not enough to guarantee a successful claim.

2. The financial needs and resources of any other claimants or beneficiaries

   Even if a claimant shows financial need, their claim may still fail as the court will weigh up the beneficiaries’ financial needs and how they would be affected by a successful claim. The court is reluctant to reduce someone else’s inheritance to meet a claimant’s demand unless it is clear that the estate should have made provision for them.

3. Any obligations and responsibilities the deceased had towards the claimant or others

   A claim is much weaker where the deceased had no legal or moral obligation to provide for the claimant. This is often the case with estranged adult children, especially when the deceased made a conscious decision to exclude them.
   The exception is spouses or civil partners, where the court considers what financial provision they might have expected in a divorce — making these claims generally stronger.

4. The size and nature of the estate

   If the estate is limited, the court may have little flexibility to make an award — particularly where other beneficiaries have a stronger or competing claim. A modest estate can result in the court declining to redistribute assets at all.

5. Any physical or mental disability of the claimant or any beneficiary

   Disabilities may strengthen a claim by increasing the claimant’s financial need. However, this factor must be clearly evidenced, and if other Section 3 factors weigh against the claimant, disability alone may not be sufficient.

6. The conduct of the claimant or others

   The court can consider not only the claimant’s conduct during the proceedings, but also their conduct in life — including the reasons they were excluded from the will. If the claimant was estranged due to poor behaviour, serious family conflict, or past wrongdoing, this can undermine their claim.

A few key cases illustrate this point:

• Miles v Shearer – Two adult daughters brought claims under the Inheritance Act and were unsuccessful, largely due to lack of dependence and obligations owed by the deceased.
• Wellesley v Wellesley [2019] EWHC 11 (Ch) – A 56-year-old daughter with a mental disability and a disabled son was left £20,000 from a £1.3 million estate. Despite her clear financial need, her claim failed. The court noted that even without estrangement, the outcome would likely have been the same.
• Garland v Morris [2007] EWHC 2 (Ch) – An unemployed adult child with three dependent children, living in severe financial hardship and previously estranged for 15 years, was awarded nothing from an estate of approximately £280,000.

These cases show that a claim does not equal entitlement, and courts take a nuanced, fact-specific approach to every application.

Conclusion

Despite the rise in claims, making a will remains absolutely essential. Here’s why:

• Testamentary Freedom: You choose who inherits your estate.
• Clarity: A properly drafted will reduces confusion and disputes.
• Protection: You can provide for vulnerable beneficiaries in a tailored way.

While it’s impossible to prevent all challenges, there are steps you can take to strengthen your position:

• Include a clear letter of wishes explaining why someone is being excluded.
• Seek legal advice when making your will, especially in complex family situations.
• Review your will regularly, especially after major life events.

Yes, Inheritance Act claims are increasing. Yes, some claims may be brought even where the deceased had clear wishes. But this should not deter anyone from making a will. Testamentary freedom — the right to leave your estate to whomever you choose — remains a cornerstone of English law. While it’s not absolute, the courts will generally respect a carefully considered and properly drafted will. So rather than worrying about what might happen, take action now: write a will, record your wishes clearly, and protect your legacy.

Rebecca Kershaw, Apprentice Solicitor