For members of the LGBTQ+ community, Inheritance Act claims can provide vital legal protection when a loved one, such as a same-sex partner or dependant, passes away without making reasonable financial provision for them in a will or under the intestacy rules.
This can be particularly important where relationships were not legally formalised, or where a person has been excluded due to outdated views or misunderstandings about their identity.
In England and Wales, claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”) are a key legal remedy in assisting LGBTQ+ individuals where reasonable financial provision has not been made for them in a Deceased’s will or under the intestacy rules.
Our Contentious Probate solicitors explore how Inheritance Act claims can provide vital legal protection for LGBTQ+ individuals who have been excluded from a loved one’s will or are left unprovided for under the intestacy rules.
Who Can Make a Claim?
To be an eligible claimant, the Deceased must have died domiciled in England and Wales and you must fall within one of the following specified categories:
- A spouse or civil partner of the Deceased.
- Former spouse or civil partner who has not remarried.
- Cohabitees - someone who had lived with the Deceased for at least two years immediately before death as if they were spouses or civil partners.
- Children, biological, or adopted or a person who was treated by the Deceased as a child.
- Someone maintained financially by the Deceased immediately before they passed away.
Common Scenarios Affecting LGBTQ+ Individuals
Common scenarios where we frequently act for LGBTQ+ individuals in relation to Inheritance Act claims include:
- Civil partners and same sex married couples that have been excluded from the Deceased’s estate by a Will.
- Unmarried, long-term same-sex cohabiting partners for over 2 years prior to the Deceased’s death that have been excluded from the Deceased’s estate by a Will or due to them not inheriting under the intestacy rules.
- LGBTQ+ individuals who have been disinherited by their parents due to their sexual orientation or gender identity.
- Transgender individuals where outdated documentation or identity issues complicate inheritance.
- The dependents of same-sex households, such as stepchildren or informal adoption arrangements.
What Is Reasonable Financial Provision?
Reasonable financial provision under the Inheritance Act means the award the court considers an eligible Claimant should receive to meet their needs that have not adequately been met by the Deceased’s will or intestacy rules.
In the case of applications made by a surviving spouse or civil partner, reasonable financial provision means such provision as it would be reasonable in all the circumstances for a husband, or wife or civil partner to receive or whether or not that provision is required for their maintenance.
In every other case, it means such reasonable provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.
The distinction is crucial. Where an applicant other than a spouse or civil partner can maintain themselves adequately, reasonable provision for maintenance may be nothing.
What Will the Court Consider?
What Will the Court Consider?
In deciding whether to award reasonable financial provision, the court considers several factors, including:
- The financial needs and resources of the claimant and other beneficiaries.
- Any obligations or responsibilities the deceased had towards the claimant.
- The size and nature of the estate.
- Any physical or mental disabilities affecting the claimant or other beneficiaries.
- The duration and nature of the relationship with the deceased.
Time Limits for Making a Claim
A claim must be made within six months from the date of the Grant of Probate or Letters of Administration.
An application may be made to the court to bring a claim beyond the six months but only in exceptional circumstances.
Practical Tips
- Make a will: Where there is no valid will, the law defaults to intestacy rules, which do not provide for unmarried partners or unrecognised dependants.
- Document relationships clearly: Particularly for cohabiting partners or non-biological children, documentation and evidence of the relationship can support future claims.
- Apply for a standing search: If you are concerned about a loved one’s estate, you may apply for a standing search with the Probate Registry to be notified when probate is granted.
- Seek early legal advice: If you have been left out of a will or are concerned about your rights, consult a solicitor promptly to assess your eligibility and next steps.
The Inheritance Act provides essential legal protection for LGBTQ+ individuals who may otherwise be left without adequate provision following the death of a partner, parent, or carer.
While legal recognition of LGBTQ+ relationships has advanced significantly in recent years, there remain practical and legal challenges that can arise in inheritance disputes.
Contact Our Contentious Probate Solicitors
If you believe you may be eligible to bring a claim under the Inheritance Act, or if you're unsure of your position, our expert Contentious Probate team at Myerson can provide clear, sensitive, and practical advice tailored to your circumstances.
0161 941 4000
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Nicola Moulds
Senior Associate
Nicola has over 15 years of experience acting as a Contentious Probate solicitor. Nicola has specialist expertise in disputes as to the validity of wills, claims against personal representatives, trustees and professionals, applications for the removal of executors, as well as burial disputes.
About Nicola Moulds