How to Make a Legal Claim on an Estate in the UK

Think you are entitled to a share of someone's estate — but nobody has been in touch? Or were you left out of a will despite being financially dependent on the deceased? Both situations can support a legal claim on an estate. The law gives qualifying individuals the right to come forward, assert their entitlement, and receive what they are owed. This guide explains exactly how.

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What is a legal claim against an estate?

A legal claim on an estateis any formal assertion that you are entitled to a share — or a larger share — of a deceased person's assets. It covers three broad situations.

First, where a will exists but does not make reasonable financial provision for you. The Inheritance (Provision for Family and Dependants) Act 1975 gives certain people the legal right to challenge this in court. Second, where the person died intestate (without a will) and the estate has not been distributed to those entitled under the Rules of Intestacy. Third, where the deceased owed you money — creditor claims take priority over inheritance and must be settled from the estate before any beneficiaries receive a penny.

Who can make a legal claim on an estate?

Your eligibility depends on the type of claim. Under the Inheritance Act 1975, the following categories of person can bring a claim for reasonable financial provision:

• Spouse or civil partner of the deceased
• Former spouse or civil partner who has not remarried
• A partner who lived with the deceased for at least two years immediately before the death
• Children of the deceased (biological or legally adopted)
• Any person treated as a child of the family by the deceased
• Any person who was financially maintained by the deceased

Cohabiting partners need at least two continuous years of shared household — a long relationship alone does not qualify you. Step-children who were never legally adopted have a harder path, though courts do have discretion.

Where the person died intestate, entitled relatives can assert their rights under the Rules of Intestacy instead. That hierarchy runs: spouse or civil partner, children, grandchildren, parents, full siblings, half-siblings, grandparents, aunts and uncles, first cousins — each tier only inherits if no one in the tier above them survives. Use our intestacy rules flowchart to trace exactly where you fall in the order.

Not sure where you sit in that order? The FindMyLegacy entitlement checker gives you a quick indication of your position before you invest time in building a claim.

Grounds for making a claim against an estate

The legal basis for your claim matters. Get this wrong and the claim falls at the first hurdle. The main grounds are:

Inheritance Act 1975 — insufficient provision

If you are in one of the eligible categories above and the deceased's will (or the intestacy rules) did not leave you adequate financial provision, you can apply to the court for an order making reasonable provision from the estate. The court looks at factors including your current financial needs, the deceased's obligations towards you, and the size of the estate.

Challenging the validity of a will

A will can be challenged on several grounds: lack of testamentary capacity (the deceased did not understand what they were signing), undue influence(someone pressured them into the will's terms), fraud or forgery, or failure to comply with the formal requirements of the Wills Act 1837. If the challenge succeeds, the will is set aside — and the estate is distributed as if the deceased had died intestate.

Proprietary estoppel

If the deceased made a clear promise that you would inherit something, and you relied on that promise to your detriment (for example, working unpaid on a family farm for decades on the understanding you would receive it), you may have a proprietary estoppel claim. These cases are fact-heavy and benefit from legal advice.

Debt claims against an estate

Creditors — including individuals who lent money to the deceased — can make a formal claim against the estate. Write to the executor or administrator setting out the debt and any supporting evidence. Creditor claims must be settled before beneficiaries receive their share. If the estate is insolvent, the order of priority for paying debts is set by law.

How to make a legal claim on an estate: step by step

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Step 1 — Establish the grounds for your claim

Identify which type of claim applies to your situation: Inheritance Act, intestacy entitlement, will validity, or debt. Each has different eligibility requirements, time limits, and evidential standards. Getting this right before anything else saves considerable time and cost.

Step 2 — Gather documentation

The documentary evidence you need depends on your claim. For an intestacy entitlement claim, you need an unbroken chain of official records linking you to the deceased: birth certificates, marriage certificates, and death certificates for every connecting relative. For an Inheritance Act claim, you will also need financial records showing your current needs. For a will challenge, you need medical records or witness evidence supporting the grounds.

Step 3 — Seek legal advice

For all but the most straightforward intestacy claims, an initial consultation with a probate solicitor is worth the fee. They can assess whether your claim has merit before you commit to the full process, advise on the evidence you need, and flag any tactical considerations you might miss.

Step 4 — Enter a caveat (where a will is being contested)

If you intend to challenge a will, enter a caveat at the Probate Registry before probate is granted. A caveat prevents the grant of probate for six months (renewable) and gives you time to investigate your claim. Once probate is granted, certain routes close — particularly for Inheritance Act claims.

Step 5 — Attempt negotiation or mediation

Most estate disputes settle before trial. Write to the executor, administrator, or other beneficiaries setting out your claim and inviting a negotiated resolution. If direct negotiations stall, mediation is a faster, cheaper, and private alternative to court proceedings. Courts expect parties to have attempted Alternative Dispute Resolution (ADR) before litigating.

Step 6 — Issue court proceedings if necessary

If mediation fails, you issue a formal claim in the court and follow the Wills and Probate Pre-Action Protocol. Court proceedings are expensive and slow — months to years, even for straightforward cases. Settle if you can. Go to court only when the sum at stake justifies the cost and the other side refuses all reasonable offers.

Time limits for making a legal claim on an estate

Inheritance Act 1975 claims must be issued within six monthsfrom the date the grant of probate (or letters of administration) was issued. Miss this deadline and you need the court's permission to proceed — which is not guaranteed.

Will validity challenges (based on fraud or undue influence) generally have a 12-year limitation period. Challenges based on forgery have no time limit in principle, but delay weakens evidence.

Intestacy entitlement claims on bona vacantia estates have a 30-year window from the date of death, though claims made within 12 years may attract interest on the sum owed.

The consistent message: do not wait. The longer you leave it, the harder evidence becomes to obtain and the more rights you may lose.

What if the person died without a will?

Intestate estates — where the deceased left no valid will — are distributed according to the Rules of Intestacy. If a qualifying relative comes forward, the estate passes to them in the order set out above. The executor of an intestate estate is called an administrator, appointed by the Probate Registry via a grant of letters of administration.

Where no qualifying relative makes a claim, the estate passes to the Crown as bona vacantia— legally, ownerless goods. In England and Wales, the Government Legal Department's Bona Vacantia Division administers these estates and publishes them on a public register. Relatives who come forward later can still claim — the window is 30 years from death.

Not sure whether a will was made? Our Will Search Concierge searches the Probate Registry and The Gazette for £29 — Find out more →

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Do you need a solicitor to make a legal claim on an estate?

It depends on the complexity of the claim. For a straightforward intestacy entitlement claim — you are a documented relative, the bona vacantia estate is on the list, and your family tree is clean — you can make a direct claim to the Bona Vacantia Division yourself without legal representation. There is no fee for a direct claim.

For Inheritance Act claims, will validity challenges, proprietary estoppel cases, or anything with contested family relationships, a specialist probate solicitor is not optional — it is the difference between success and failure. Winging a court application in contentious probate proceedings rarely ends well.

A note on heir hunters: if a firm contacts you unsolicited saying they know of an estate you may be entitled to, they are using the same public bona vacantia list available for free. They typically charge 15–40% commission on whatever you receive. You can make the same claim yourself, or use a regulated probate solicitor for a fraction of the commission. Read more in our guide to how heir hunters work.

Track your claim with FindMyLegacy Cases

A legal claim on an estate is rarely a quick process. You are gathering certificates, researching relatives, liaising with solicitors or the Government Legal Department — and it is easy to lose track. FindMyLegacy's case management tool lets you create a case against a specific estate, track your research status through each stage, and maintain a document checklist so nothing slips. One case is free with registration.

Frequently asked questions

How long do I have to make a legal claim on an estate?

For Inheritance Act 1975 claims, you have six months from the date the grant of probate or letters of administration was issued. For intestacy entitlement claims on bona vacantia estates, the window is 30 years from the date of death. Other claim types have different limitation periods — always take advice early.

What if there is no will?

Where someone dies without a will, the estate is distributed under the Rules of Intestacy. If you are an entitled relative and no distribution has been made, you can assert your claim through the administrator. If the estate has passed to the Crown as bona vacantia, you can still claim — the Government Legal Department accepts claims from relatives for up to 30 years after the death.

Can I challenge a will's validity?

Yes. Grounds include lack of testamentary capacity, undue influence, fraud, forgery, or failure to comply with the formal execution requirements of the Wills Act 1837. If the challenge succeeds, the will is set aside and the estate passes under the Rules of Intestacy, or under an earlier valid will if one exists.

What documents do I need for an estate claim?

For an intestacy entitlement claim: birth, marriage, and death certificates creating an unbroken chain between you and the deceased. For an Inheritance Act claim: the above, plus evidence of your financial circumstances. For a will validity challenge: medical records, correspondence, or witness statements supporting your grounds.

What are the likely outcomes of a claim?

Successful claims result in a share of the estate (or an enlarged share), payment of a debt, or — in the case of a will challenge — redistribution under intestacy or an earlier will. Most claims settle through negotiation or mediation before reaching trial. Unsuccessful claims may result in a costs order against you.

Can an executor make a claim against the estate they are administering?

An executor can be a beneficiary and can also be a creditor of the estate. However, executors cannot use their position to advantage themselves over other beneficiaries — this is a breach of their fiduciary duty. Where there is a conflict of interest, they should seek independent legal advice and, in serious cases, consider whether a professional executor should be appointed.