Being excluded from a parent’s will can come as a profound shock. For many adult children, it raises not only emotional questions but also legal ones. Is it possible to challenge the will? Can an adult child make a claim against the estate, even if they were deliberately left out?
In England and Wales, the law does provide a potential route for disinherited children to seek financial provision. However, success is far from guaranteed. Claims are often complex, fact specific, and subject to strict legal principles.
This article explores when an adult child can bring a claim against an estate, the legal framework involved, and the factors that influence whether such a claim is likely to succeed.
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The Legal Framework: The 1975 Act
The key legislation governing these claims is the Inheritance Provision for Family and Dependants Act 1975.
Under this Act, certain categories of individuals can apply to the court if they believe a deceased person’s estate does not make reasonable financial provision for them. Adult children fall within one of those categories.
It is important to note that the Act does not exist to rewrite wills simply because they appear unfair. Instead, it allows the court to intervene only where the lack of provision fails to meet a specific legal standard.
What Does “Reasonable Financial Provision” Mean?
For adult children, reasonable financial provision is limited to what is necessary for their maintenance.
This is a crucial point. The court is not concerned with whether the child deserves a share of the estate or whether the deceased acted unfairly. The focus is on financial need.
Maintenance can include everyday living costs such as housing, bills, and basic expenses. It does not usually extend to providing capital for investment, business ventures, or improving an already comfortable lifestyle.
As a result, adult children who are financially independent may find it difficult to establish a successful claim.
Can an Adult Child Always Bring a Claim?
An adult child is entitled to bring a claim under the 1975 Act regardless of their age. There is no requirement for them to be a minor or financially dependent at the time of death.
However, the mere fact of being a child of the deceased does not guarantee success. The court will examine the circumstances carefully, and many claims by adult children do not succeed.
The strength of the claim often depends on factors such as financial need, the nature of the relationship with the deceased, and any obligations the deceased may have had.
Key Factors the Court Will Consider
When deciding whether to award provision, the court takes into account a range of factors set out in the legislation.
Financial Needs and Resources
The starting point is the financial position of the applicant.
If the adult child is struggling financially, perhaps due to low income, ill health, or other challenges, the court may be more inclined to make an award.
On the other hand, if the applicant is financially secure, the claim is less likely to succeed.
The Size and Nature of the Estate
The value of the estate plays an important role.
A large estate may allow for provision to be made without significantly affecting other beneficiaries. In contrast, a modest estate may limit the court’s ability to intervene.
The Relationship with the Deceased
The nature and quality of the relationship between the adult child and the deceased is often a significant factor.
Where there has been a close and supportive relationship, the court may be more sympathetic to the claim.
Conversely, if there has been a long period of estrangement, particularly where the adult child bears responsibility for that estrangement, this can weigh against the claim.
That said, estrangement does not automatically prevent a successful claim. The court will look at the reasons behind it and consider whether they justify the lack of provision.
Any Obligations or Responsibilities
The court will consider whether the deceased had any obligations towards the adult child.
This may arise, for example, where the child has a disability, ongoing care needs, or has relied on the deceased for support.
In such cases, the argument for reasonable financial provision is often stronger.
Physical or Mental Health
If the adult child suffers from a physical or mental health condition that affects their ability to support themselves, this will be an important consideration.
The court is generally more willing to make provision where there is a clear and ongoing need.
Conduct
The conduct of the parties can also be relevant, although it is not always decisive.
For instance, where there has been serious misconduct, this may affect the outcome. However, the court will only take conduct into account where it would be unjust to ignore it.
The Impact of Disinheritance
Parents are generally free to leave their estate as they see fit. This principle, known as testamentary freedom, is a cornerstone of English law.
However, the 1975 Act acts as a safety net. It allows the court to intervene in cases where strict adherence to a will would lead to an unreasonable result.
Disinheriting an adult child does not automatically make a will invalid. Nor does it guarantee that the child will succeed in a claim.
Instead, the court seeks to strike a balance between respecting the wishes of the deceased and ensuring that certain individuals are not left without adequate financial support.
Important Case Law Principles
Over the years, the courts have considered many claims by adult children, and certain principles have emerged.
One key point is that financial need is central. Without it, a claim is unlikely to succeed.
Another is that the court will not act simply to redress perceived unfairness. The focus remains firmly on maintenance.
The courts have also emphasised that each case depends on its own facts. There is no formula or guaranteed outcome.
Time Limits for Bringing a Claim
A claim under the 1975 Act must usually be made within six months of the grant of probate or letters of administration.
This time limit is strict. While the court has discretion to allow late claims, this is not something that can be relied upon.
Anyone considering a claim should seek legal advice as soon as possible to avoid missing this deadline.
Practical Challenges in Bringing a Claim
Claims by adult children can be legally and emotionally challenging.
They often involve sensitive family dynamics, particularly where there has been estrangement or conflict.
In addition, the evidential burden can be significant. The applicant will need to provide detailed information about their financial position, as well as evidence supporting their claim.
Negotiation and alternative dispute resolution are often encouraged, as they can help avoid the cost and stress of court proceedings.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we understand that disputes involving estates and family relationships are deeply personal.
Our team advises clients across England and Wales on claims under the Inheritance Provision for Family and Dependants Act 1975, including those involving disinherited adult children.
We take a pragmatic and sensitive approach, helping clients assess the strength of their claim and guiding them through each stage of the process.
Whether you are considering bringing a claim or defending one, early advice can make a significant difference.
Conclusion
An adult child can, in certain circumstances, successfully sue an estate under the 1975 Act. However, success depends on more than simply being excluded from a will.
The court’s primary concern is whether reasonable financial provision has been made for the applicant’s maintenance. Financial need, the nature of the relationship, and the size of the estate all play key roles.
Disinherited adult children should not assume they have a strong claim, but neither should they dismiss the possibility without proper advice.
If you find yourself in this position, taking prompt legal guidance is essential. Understanding your rights and the legal framework will help you make informed decisions about how to proceed.
To read more about our services, please visit:
https://blackstonesolicitorsltd.co.uk/wills-and-inheritance-disputes/
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Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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