Even a carefully drafted will does not always bring matters to an end. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for financial provision if a will or the intestacy rules fail to make reasonable provision for them. One practical way to reduce the risk of disputes is to use a well-thought-out Letter of Wishes. This article explains how the 1975 Act works, who can bring a claim, and how Letters of Wishes can help provide clarity and context after death.
When a will is not the end of the story
Many people assume that once a valid will is in place, their estate will be distributed exactly as they intended. In reality, that is not always the case. UK law recognises that strict adherence to a will can sometimes produce unfair outcomes, particularly where someone was financially dependent on the deceased or where family circumstances are complex.
The Inheritance (Provision for Family and Dependants) Act 1975 addresses this. It allows the court to step in and adjust how an estate is distributed in certain circumstances. Understanding how the Act operates and how tools such as Letters of Wishes fit into estate planning can help reduce uncertainty and the risk of disputes.
What is the Inheritance (Provision for Family and Dependants) Act 1975?
The 1975 Act applies in England and Wales. It allows eligible individuals to apply to the court for financial provision from an estate if the will, or the intestacy rules, fail to make “reasonable financial provision” for them.
Importantly, the Act can apply whether or not the deceased left a will. This means that even a professionally prepared Will can still be challenged if someone falls within a qualifying category and can demonstrate that reasonable provision has not been made.
Who can make a claim and on what basis?
Not everyone can challenge a will under the 1975 Act. The right to apply is limited to specific categories of people, including spouses, civil partners, former spouses or civil partners who have not remarried, long-term cohabitants, children, those treated as children of the family, and people who were being financially maintained by the deceased.
The court also distinguishes between different types of claimants. A surviving spouse or civil partner can ask for provision that is reasonable in all the circumstances, whereas other applicants are limited to what is reasonable for their maintenance.
Time limits and practical risks for estates
One of the most critical practical points under the 1975 Act is timing. Claims must usually be issued within six months of the Grant of Probate or Letters of Administration being issued. While the court does have discretion to allow late claims, this should never be relied upon.
This time limit creates risk for executors and beneficiaries alike. Executors who distribute an estate too quickly may expose themselves to personal liability, while beneficiaries may face uncertainty if a claim is intimated late in the process.
What is a Letter of Wishes?
A Letter of Wishes is a separate, informal document that sits alongside a will. Unlike a will, it is not legally binding. Instead, it explains the rationale for certain decisions and provides guidance to executors or trustees on how to exercise discretion.
Because a Letter of Wishes does not have to meet the strict formalities of a will, it can be updated more easily. It can include personal or sensitive explanations that a testator may not wish to include in the will itself.
How Letters of Wishes can help in Inheritance Act claims
Although a Letter of Wishes cannot prevent someone from bringing a claim under the 1975 Act, it can still be highly influential. Courts often seek to understand why a testator made particular choices, especially when a close family member has been excluded or left a smaller share.
A well-drafted Letter of Wishes can demonstrate that potential claimants were considered, explain the background to family relationships, and show that decisions were deliberate rather than accidental or unfair. This context can be critical in blended families or where financial provision has already been made during the testator’s lifetime.
What a Letter of Wishes should, and should not, include
For a Letter of Wishes to be effective, it needs to be clear, specific and kept up to date. It should explain decisions calmly and rationally, address any foreseeable disputes, and reflect the testator’s circumstances at the time it was written.
What it should not do is attempt to rewrite the will, make unrealistic demands, or include inflammatory language. An outdated or poorly drafted Letter of Wishes can sometimes do more harm than good.
Limitations and common misunderstandings
It is important to be clear about what Letters of Wishes can and cannot achieve. They do not override a will, they do not bind the court, and they cannot block a claim under the 1975 Act. They are a supporting tool, not a substitute for proper estate planning.
Relying on informal documents alone, without considering the legal risks created by family circumstances or financial dependency, can leave estates exposed to challenge.
Final thoughts: planning for people, not just assets
Estate planning is about more than deciding who gets what. It is about recognising relationships, managing expectations, and reducing the risk of conflict after death. Understanding how the Inheritance (Provision for Family and Dependants) Act 1975 works, and using tools such as Letters of Wishes thoughtfully, can help bring clarity and reassurance for everyone involved.
Regularly reviewing wills and supporting documents as circumstances change remains one of the most effective ways to avoid disputes and protect those you care about.
About the Author
James McMullan is a Partner and also heads up our Private Client team. James started his career as a family lawyer, but over the years, his practice has grown to encompass all aspects of private client law, including estate planning, Inheritance Tax, lasting powers of attorney, lifetime gifts, living wills, mental capacity issues, probate and contentious probate, trusts and, of course, wills.
James prides himself on spending sufficient time with clients at the outset of a matter to fully understand their position, needs, and objectives. He is committed to resolving disputes effectively, frequently using alternative dispute resolution (ADR). Given its costs and uncertainty, court litigation is a last resort.