When a loved one passes away, inheritance disputes can arise, especially if a partner is left out of a will or if reasonable financial provision hasn’t been made for them. The Inheritance (Provision for Family and Dependants) Act 1975 provides a legal framework for individuals, including partners, to make a claim for financial provision.

The Inheritance Act is designed to help people who were financially dependent on someone who has passed away. It allows certain individuals, such as partners, children, or dependants, to make a claim if they believe they haven’t been left enough in the will—or if there isn’t a will at all.

Under the Inheritance Act, certain categories of people can apply for reasonable financial provision from an estate. For partners, in this case those who have remained unmarried, two sections are particularly relevant:

• Cohabitants – Under section 1(1)(ba), if you lived with the person who passed away for at least two years before their death, as though you were married or in a civil partnership, you may qualify.
• Dependents – Under section 1(1)(e), if the person who passed away was supporting you financially (either partly or fully) immediately before they died, you might also be eligible, even if you weren’t living together or didn’t meet the two-year cohabitation rule.

If you think you fall under either of these categories, it’s essential to act quickly, as claims must usually be brought within six months of the grant of probate.

Take the recent example of Liam Payne, the former One Direction star. After his unexpected passing, his girlfriend, Kate Cassidy, chose not to make a claim on his estate, even though she likely qualifies as a cohabitant and dependent under the Inheritance Act. Kate recently revealed that she received a hefty allowance from Liam during their relationship.

This decision might be personal, but it highlights an important point: even when someone is eligible, they must take proactive steps to make a claim if they wish to seek financial provision.

Sandra Kowalska, contentious probate solicitor at Switalskis comments: "We’re seeing more cases like this as more couples choose not to get married. Without the legal protection marriage provides, partners can find themselves excluded from a will or left without financial support if their loved one passes away unexpectedly—especially if there’s no will in place. The Inheritance Act offers a vital safety net, but it’s crucial to seek advice early to understand your rights and take the right steps to secure your future."

Navigating the legal landscape of inheritance claims can be daunting, especially when emotions are running high. An experienced solicitor can help you determine if you qualify under the Inheritance Act, assess your chances of success, and guide you through the process of making a claim.

If you believe you’ve been left without reasonable financial provision, don’t assume you have no options. It’s crucial to seek advice early to protect your financial future.

At Switalskis, we understand that inheritance issues can be deeply personal and stressful. That’s why we take a friendly and straightforward approach, giving you clear, practical advice tailored to your situation.

If you think you might have a claim under the Inheritance Act or just want to understand your options, get in touch with our team. We’ll guide you through the process and help you take the next steps. Call us on 0800 1380 458 or email help@switalskis.com