On 12 November 2025, it was 50 years since the Inheritance (Provision for Family and Dependants) Act 1975 was enacted. This legislation has shaped the way English law balances testamentary freedom with fairness, ensuring that those who were financially dependent on a deceased person are not left destitute.

Why Was the Act Introduced?

Before 1975, the principle of testamentary freedom meant that individuals could leave their estate to whomever they wished, even if that meant excluding close family or dependants. While freedom of choice remains a cornerstone of English law, Parliament recognised that this could lead to hardship for spouses, children and others who relied on the deceased for support.

The Act was designed to empower the courts to intervene where a Will or intestacy fails to make reasonable financial provision for certain categories of people. In short, it is not designed to allow anyone to challenge a Will where they disagree with its contents. Instead, it provides a safety net for those who might otherwise be left without resources.

How Does the Act Work?

The Act applies to estates of individuals who die domiciled in England and Wales. Eligible applicants include:

  1. Spouse or civil partner of the deceased
  2. Former spouse or civil partner (if not remarried or in a new civil partnership)
  3. Children, including those treated as a child of the family
  4. Cohabiting partners (living together for at least two years before death)
  5. Dependants who were being maintained by the deceased.

To succeed, an applicant must show that the Will or intestacy rules do not provide reasonable financial provision. The court then undertakes a balancing exercise, considering:

  1. The applicant’s financial needs and resources
  2. The size and nature of the estate
  3. Obligations and responsibilities of the deceased
  4. Competing claims from other beneficiaries
  5. Any physical or mental disability affecting the applicant

This process does not invalidate the Will; rather, it adjusts the distribution to achieve fairness.

Why Is It Still Relevant?

Family structures have evolved dramatically since 1975. The Act has adapted to include cohabiting partners and reflect modern realities such as blended families. Case law continues to refine its application, striking a delicate balance between honouring testamentary wishes and protecting vulnerable dependants. However, claims under the Act remain complex and fact-specific. Outcomes are rarely predictable, which is why specialist advice is essential.

Key Points to Note

  • If you believe you have been unfairly excluded from an estate, act quickly – claims must usually be made within six months of the grant of probate.
  • Consider proactive estate planning to minimise disputes and ensure your wishes are respected.
  • When making a will, think carefully about dependants and provide clear reasoning for your decisions to reduce the risk of litigation.

Looking Ahead

As we mark 50 years of this landmark legislation, one thing is clear: the Act remains a vital tool for achieving fairness on death. It reminds us that while freedom of testamentary disposition is important, it is not absolute – responsibility to family and dependants can endure beyond death.

For help and advice with issues relating to a Will or estate planning, contact our experienced Wills and Probate Team. At Ison Harrison we have a wealth of experience and already look after over 50,000 wills for clients in Yorkshire and beyond.

Contact our Castleford office on 01977 557 171 or email hello@isonharrison.co.uk and one of our friendly team will be happy to have a chat with you.