“Think you know who your dependants are? Think again”—unexpected inheritance claims

The law allows certain individuals to claim ‘reasonable financial provision’ from an estate if they believe they’ve been unfairly left out—or not provided for enough. The specific law is the Inheritance (Provision for Family and Dependants) Act 1975, and it includes those you may not expect.

For example:

• Former spouses or civil partners who haven’t remarried may still be able to claim, even if you haven’t seen them in years.
• Unmarried partners who lived with you for at least two years before your death may be able to claim, even if you ran your finances independently of each other. 
• Anyone you’ve financially supported, whether regularly or in small ways you did not think amounted to creating a legal tie. This could include a family friend you’ve helped out, a relative living rent-free, or even someone receiving ad-hoc financial contributions.

These scenarios often catch people off guard, and sadly, it is usually your close family members or those you specifically wished to inherit who have to deal with the aftermath following your death.

Many people assume that once their children are adults, they stop counting as dependants. However, adult children—even those who are financially independent—can potentially bring a claim if they feel the will hasn’t made adequate provision for them. The courts will look at such things as their needs, the size of estate, and their relationship with you, but it’s still a source of confusion and surprise for families that this avenue remains open to adults that you have chosen not to provide for. 

This is another point which adds a further layer of uncertainty. ‘Reasonable financial provision’ doesn’t necessarily mean equal shares, and it doesn’t necessarily mean what someone thinks they are owed. For adult children, former spouses, or those you’ve supported, it’s more about what’s necessary to meet their needs. The courts make that call by reviewing various factors, so depending on the specific case, ‘reasonable financial provision’ can vary quite a bit between estates and between different beneficiary claims. 

Any misunderstanding about who counts as a dependant can lead to unpleasant surprises. Without the right planning, unexpected claims can cause delays, disputes, and added stress for those you leave behind. It’s important to think about anyone you’ve supported financially—even casually—and those who you share a home with.