Many non-contentious practitioners are surprised at how often adult children – sometimes financially independent, sometimes estranged – bring claims under the Inheritance (Provision for Family and Dependants) Act 1975. While the myth persists that adult children have no standing once a parent dies, the reality is more nuanced. This article explores how and when adult children can make a claim, what the courts consider, and why private client lawyers need to be alert to the risk.
Eligibility Is Only the Starting Point
Adult children are classed as eligible applicants under section 1(1)(c) of the 1975 Act. But eligibility alone is not enough. The claimant must show that the will (or intestacy rules) failed to make reasonable financial provision for their maintenance. This threshold is lower than “fairness” but still significant.
The statutory framework does not confer entitlement – it assesses need. If an adult child is in genuine financial difficulty due to illness, disability, caring responsibilities or low income, a court may find that reasonable provision should have been made, even if they’re technically independent.
What About Estrangement or Wealth?
Estrangement complicates matters but does not bar a claim. Nor does financial independence. The courts consider a range of factors under section 3 of the Act, including the applicant’s current and foreseeable financial needs, the size of the estate, any obligations or responsibilities owed to the applicant, and the conduct of the parties.
Estranged adult children may still succeed where need is established and the deceased’s moral obligation remains persuasive. But lifestyle choices – such as voluntarily avoiding work or living beyond means – can weaken an otherwise arguable case.
How the Courts Approach These Claims
It’s not about blame or rewriting the will to achieve parity. The court’s job is to answer one question: has reasonable financial provision been made for this applicant in all the circumstances? The answer depends heavily on the quality of the evidence.
We’ve acted in cases where adult children received nothing from estates worth millions – yet secured lump sum payments, housing provision, or ongoing maintenance. The successful claims are rarely about greed; they’re about unmet, demonstrable need.
What Non-Contentious Lawyers Should Do
Private client solicitors should advise testators carefully where estranged or dependent adult children exist. Blanket disinheritance – without explanation or attempts at mitigation – can lead to expensive litigation. Letters of wishes should be detailed but realistic, and lifetime provision or explanation is often sensible.
Also, alert executors to potential claims. Once probate is granted, claimants have just six months to issue proceedings. Distributions made too early can put personal representatives at risk.
Conclusion
Adult children remain a significant source of 1975 Act litigation. For non-contentious lawyers, anticipating and mitigating this risk during estate planning – and recognising red flags during administration – is crucial. The best defence is always proactive advice, clear documentation, and early referral where a claim is threatened.
John Lambe is Head of the Contentious Trusts and Probate team at Forbes Solicitors
