Can I bring a claim under the Inheritance Act (Provision for Family and Dependants) Act 1975 if I was cohabiting with the deceased?

1 June, 2016

The Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) allows a Will (or the intestacy rules) to be disputed on the basis that it fails to adequately provide for certain categories of people, known as eligible claimants. The principle behind the 1975 Act is that certain duties and responsibilities are owed that should be honoured even after death. A co-habitant will be an eligible claimant for the purposes of the 1975 Act if they are able to show the following:-

  • that they lived with the deceased during the whole period of two years ending immediately before the date when the deceased died; and
  • that they were living in the same household as the deceased; and
  • that they were living as the husband, wife or civil partner of the deceased.

It is important to act quickly if you think you may be eligible to make a claim under the 1975 Act as there are important time limits that apply.

If you would like to discuss making a claim, please contact Philip Youdan at philip.youdan@crippspg.co.uk. We can also discuss the possible options for funding your claim and will, in appropriate cases, be able to offer a “no win, no fee” arrangement or a fixed fee.