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.

When a will is not the final word

Many people assume a valid will guarantees their wishes are followed, but that isn’t always the case. UK law recognises that strict adherence to a will can sometimes be unfair, especially where someone was financially dependent on the deceased or family relationships are complex. The Inheritance (Provision for Family and Dependants) Act 1975 allows the court to adjust an estate in such situations. Understanding the Act—and using tools like Letters of Wishes—can help reduce uncertainty and the risk of disputes.

What the 1975 Act does

The Act applies in England and Wales and allows certain individuals to claim financial provision if a will or the intestacy rules fail to make “reasonable” provision for them. It applies whether or not a will exists, meaning even a carefully drafted, professional will can still be challenged.

Who can make a claim

The right to claim is limited to specific categories:

• Spouses and civil partners
• Former spouses or civil partners who have not remarried
• Long term cohabitants
• Children (including adult children)
• People treated as children of the family
• Individuals financially maintained by the deceased

The court considers different standards depending on who is claiming. Spouses and civil partners may seek what is reasonable in all the circumstances, while others are limited to what is reasonable for their maintenance.

Time limits and risks

Claims must normally be brought within six months of the Grant of Probate or Letters of Administration. Although the court can allow late applications, this is not guaranteed. The time limit creates risk: executors who distribute an estate too quickly may face personal liability, and beneficiaries may face delays or uncertainty if a claim is made late.

What a Letter of Wishes is

A Letter of Wishes is an informal document kept alongside a will. It is not legally binding, but it can guide executors or trustees and explain the reasons behind certain decisions. Unlike a will, it can be updated easily and can include personal or sensitive information the testator does not wish to place in a formal legal document.

How it helps in 1975 Act claims

While a Letter of Wishes cannot prevent someone from making a claim, it can be influential. Courts often want to understand why a testator made choices, especially if a close relative has been excluded or left a reduced share. A clear Letter of Wishes can show that potential claimants were considered, provide context for family dynamics, and demonstrate that decisions were deliberate.

What it should contain

A useful Letter of Wishes should be clear and explain the reasoning behind decisions and anticipate areas of potential dispute. What it must avoid is attempting to change the terms of the will, making unrealistic demands, or using emotional or inflammatory language.

If you are looking for legal assistance, please get in touch with our friendly and efficient team on 01603 677077 or email info@spiresolicitors.co.uk.