Categories of Inheritance Claimants in England & Wales

The law enables inheritance claims to be made in England and Wales by people connected to the deceased who did not receive "reasonable financial provision" from the estate of the deceased via a will or intestacy.

These laws only apply if the deceased was domiciled in England and Wales when they died.

In order to make an inheritance claim, you need to have had a particular relationship with the deceased. Some examples of the types of relationships with the deceased that the courts may recognise are:

• wife or husband
• defacto spouse
• same-sex partner
• former (divorced) wife or husband or former de facto spouse who has not remarried
• child of decease
• treated as a child of the deceased (by way of the deceased's marriage)
• person partly or entirely maintained by the deceased immediately before deceased's death
• carer for deceased

You must also establish that the deceased had a responsibility to provide for you and that they failed to adequately do so upon their death.

Can I qualify if I'm not on the list?

You may think that there is no way you can qualify, but it is possible that your circumstances may entitle you to claim even if you are not specifically mentioned on the list. The Inheritance Experts can determine this for you for free and suggest the best way to proceed.

When must I submit my claim?

Inheritance claims in England must be made within six months of the Grant of Probate or Letters of Administration. You may be able to commence a late application. Ask us at TIE if this applies to you.