Reforming inheritance law for modern families

As we approach 12 November 2025, the anniversary of the Inheritance (Provisions for Family and Dependents) Act 1975, the legal landscape regarding inheritance in the UK is under scrutiny. TWM Solicitors, a renowned private client and family wealth law firm, points out that while the Act made significant strides in recognising women's rights to a fair share of their husband's estate, further reforms are essential to adapt to contemporary family structures. The 1975 Act brought much-needed changes, departing from the restrictive 1938 Act. This included crucial reforms based on equality between spouses, ensuring that widows and widowers would not be worse off after losing a partner compared to divorce, encapsulated in the so-called “sharing principle.”

This principle allowed spouses to claim a substantial portion of the marital estate rather than merely receiving maintenance payments. Consequently, wives became entitled to claim half, or even more if needed, of the marital assets, regardless of their financial contributions during the marriage. Moreover, the Act widened the net for potential claimants by removing limitations that previously barred unmarried children from making claims on their deceased parents’ estates. Stuart Downey, Partner and Head of the Will, Trust and Estate Disputes team at TWM Solicitors, reflects on the Act's impact: “The legislation had a huge practical impact on the living standards of the surviving wife.” He elaborates, “Under the previous law widowed women could potentially see a dramatic drop in their lifestyle – for example being forced to leave their family home or having their spending power severely curtailed.”

Downey also highlights that the prior framework excluded many who should have had a stake in the estate, including married daughters and dependent nieces and nephews. The reform has indeed made inheritance rules significantly fairer by allowing more adult children the right to claim. “Giving more adult children the right to make a claim on the estate went a long way to ensure that inheritance rules were a lot more equitable,” Downey remarks. He adds that many wives were left in precarious financial situations post-1975, often ending up worse off than had they divorced.

However, as society evolves, so too must the law. Downey points out that significant changes are needed to cater to the rising number of cohabiting couples and blended families. The most recent UK census data from 2021 reveals that cohabiting couples now make up 24.3% of relationships, an increase from 20.6% in 2011. Under current laws, these partners only qualify for maintenance payments, lacking the right to share in their partner's wealth as a spouse would. Downey stresses, “There is still more that needs to be done to update the law to account for the variety of family types that are common these days.”

Many cohabiting partners may spend decades together, only to find their rights diminish in the absence of a Will. “This could mean they have to move out of the home they have shared and into rental accommodation,” he says, underscoring the precariousness of their financial standing.

Furthermore, blended families face unique challenges within the existing framework. For instance, when no Will exists, the first £322,000 of the estate automatically goes to the spouse, and any remainder is split between the spouse and a person’s children. Downey notes that in situations where the estate is insufficient to meet the needs of minor children, they cannot claim independently. TWM Solicitors advocates for law reform to ensure that inheritance regulations reflect the complexities of modern families and safeguard the rights of all members, particularly minors who could otherwise be overlooked.

As the 50th anniversary of the Inheritance Act approaches, it begs the question of whether it is indeed time for reform.

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