
It is the unfortunate reality that not all families are harmonious and it is often the case that when children become estranged from their parents they will be written out of their Will. While there is no obligation for a parent to make provision for their child in their Will, recent judgements have shown that the Court is willing to make provision under the Inheritance (Provision for Family and Dependants) Act 1975, if they are able to evidence a need for maintenance.
Seeking provision from a estate as an adult child can be a challenging and emotionally charged experience. However, if you believe the will is unfair, you may have the right to contest it.’
Inheritance Act Claims
Claims by any adult child will be decided on a case by case basis, with there being no immediate right to provision from their parents estate. The Inheritance Act 1975 imposes a qualification that a child of the deceased can apply to the Court for reasonable financial provision, if they believe that their parents Will does not provide for them.
The test itself is purposely vague with the Court taking into account a number of factors.
Factors that will impact an estranged child’s entitlement
The Court will take into account a number of factors when considering whether to make an award such as:
- the nature of the relationship between the child and the deceased,
- the conduct of the estranged child,
- the claimant’s ability to prove a need for financial support,
- the health needs of the estranged child,
- any ‘moral’ claim the estranged child may have,
- Conduct by the parties,
- and the overall value of the estate.
In Rochford v Rochford [2020], a daughter, Lynne, successfully claimed against her deceased father’s estate despite being largely excluded from his will. This case highlights how the court will take into consideration a number of factors when considering a claim by an estranged child. In Rochford the estranged daughter, Lynne, relied on the following factors:
- Financial Need: Lynne had a degenerative spinal disease that prevented her from working, and her income protection was due to cease before she reached state pension age. This demonstrated a clear financial need.
- Attempts at Reconciliation: The court noted that Lynne had made efforts to maintain a relationship with her father, despite a difficult period in her childhood. This suggested that the estrangement was not entirely her fault, which strengthened her moral claim.
- Conduct of the Defendant: The defendant, Lynne’s aunt (who was the main beneficiary of the Will), was criticized for her conduct during the legal proceedings. She was deemed to have been obstructive and to have unreasonably refused mediation.
- Size of the Estate: While not the primary factor, the size of the estate allowed for a reasonable provision to be made for Lynne without unduly impacting the other beneficiary.
Ultimately, the court awarded Lynne a substantial sum from her father’s estate, demonstrating that estrangement does not automatically bar an adult child from making a successful claim under the Inheritance Act, especially when there are factors like financial need, attempts at reconciliation, and questionable conduct by the other parties involved.
Development over time
Historically, adult children were regarded as being unlikely to succeed in claims for provision unless they were able to show that they were being maintained by their parents prior to their death.
However, in recent years the Courts approach has changed, which has allowed estranged adult children with genuine maintenance needs to be successful in claims for maintenance against their parents estate.
The case of Ilott v Mitson the Supreme Court upheld the decision by the Court to award Mrs Ilott £50,000 following the decision that her mother’s Will did not make provision for her. Mrs Ilot was estranged from her mother, who had expressly and deliberately excluded her from her Will.
The Supreme Court placed particular emphasis that any award should be limited to maintenance figures, taking into account the Claimants need to maintain themselves. This can include the costs of housing, furniture and transport.
Over time, maintenance has also evolved to include health needs. In the 2025 case of Howe v Howe, an award of £125,000 was made to the deceased’s estranged daughter. In determining part of the sum was to make provision for the daughter’s health needs, including therapy and elective surgery.
Conclusion
While estrangement can complicate inheritance matters, it does not automatically prevent an adult child from making a claim on their parent’s estate. The court’s evolving approach, as evidenced by recent cases, demonstrates a willingness to consider the individual circumstances and needs of estranged children, particularly in cases of financial hardship or where there have been attempts at reconciliation. While the outcome of such claims is never guaranteed, understanding the relevant factors and legal principles can help estranged individuals navigate this complex and sensitive area of law.
Seeking provision from a estate as an adult child can be a challenging and emotionally charged experience. However, if you believe the will is unfair, you may have the right to contest it.
Understanding your legal position and seeking professional legal guidance from a solicitor is crucial.
We can help navigate the complexities of will disputes, give straight forward and pragmatic advice that is tailored to your goals and budget, and protect your position.
You can see further information here and please contact us if you have any questions.
The judge said in his ruling: “The view I have come to is that, in the exercise of my discretion, a lump sum award should be made in her favour from the estate to meet [Ms Howe’s] present and future financial needs in light of her mental condition, which has driven most of those needs.”