The Inheritance (Provision for Family and Dependants) Act 1975 is the primary legal remedy for a cohabitee who has been left with nothing after their partner's death. It allows the court to rewrite the distribution of an estate where reasonable financial provision has not been made for a qualifying claimant — whether the deceased died intestate or left a will that excluded the partner.
Who Can Claim Under the 1975 Act?
To bring a claim as a cohabitee, you must prove that you were living with the deceased in the same household as their husband, wife, or civil partner for a continuous period of at least two years immediately before the date of death. This is a strict requirement — gaps in cohabitation, even brief ones, can undermine a claim. You must also have been living together at the date of death.
The Six-Month Deadline
A claim under the Inheritance Act 1975 must be issued in the court within six months of the date of the Grant of Probate. This deadline is strictly enforced. The court has discretion to extend it in exceptional circumstances, but extensions are rarely granted. If you believe you have a claim, contact a contentious probate solicitor immediately — do not wait for the estate to be administered.
No Win, No Fee agreements are available for Inheritance Act claims where the prospects of success are strong. This means you can pursue a legitimate claim without financial risk. Contact PDA Law to discuss whether your claim qualifies.
What the Court Considers
Once a claim is filed, the court considers the size of the estate, your financial needs and resources, any physical or mental disability, and the needs of other applicants — including children and other dependants. The court has wide powers and can award lump sums, periodical payments, property transfers, and variations of settlement. The outcome is uncertain, which is why a will remains the only reliable protection.