Claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) can be difficult to succeed, as the courts generally expect adults to support themselves financially. However, a recent High Court decision demonstrates that where the circumstances are exceptional, an adult child may still be entitled to financial provision from a parent’s estate. The case involved an estranged daughter who successfully challenged her late father’s Will after they rebuilt their relationship in the years before his death.
Written by Aurora Chan, Legal Assistant
When Emma was eight months old, her father, Mark, ended his relationship with her mother and left the family. For most of Emma’s life, they had little to no contact, aside from a small number of visits facilitated by Mark’s mother, Barbara, and one telephone call when Emma was sixteen during which she sought financial assistance due to her pregnancy, which did not go anywhere.
In 2019, after decades of estrangement, Mark contacted Emma in an attempt to rebuild their relationship. They began speaking regularly over lengthy phone calls before eventually meeting in person. Over the following years, the two developed a close and affectionate relationship. They spoke frequently for long periods, spent substantial time together, and even went on holiday together at Mark’s villa in Portugal. Emma also assisted Mark with some aspects of his medical and care needs as his health deteriorated.
They continued to share a close relationship until Mark’s death in 2022, as demonstrated by the fact that the only photograph discovered on his phone was of him and Emma.
Mark had executed a Will in 2014 leaving his entire estate to his new wife, Rosemary, whom he had married earlier that year. The Will expressly stated that he was excluding his children because they had been estranged from him for more than twenty years.
Emma subsequently brought a claim under the 1975 Act, arguing that her father’s Will had failed to make reasonable financial provision for her maintenance. Rosemary, as the sole beneficiary of the estate, opposed the claim.
The Legal Position
Under the 1975 Act, certain categories of individuals may apply to the court for financial provision from a deceased person’s estate where the Will, or intestacy rules, fail to make reasonable financial provision for them.
Eligible applicants include:
- a spouse or civil partner of the deceased;
- a former spouse or former civil partner who has not remarried or entered into a new civil partnership;
- a child of the deceased;
- a person treated by the deceased as a child of the family;
- a cohabiting partner who lived with the deceased as if they were spouses or civil partners for at least two years before death; and
- a person who was being maintained by the deceased immediately before death.
The standard of provision differs depending on the category of applicant. Spouses and civil partners may claim such financial provision as would be reasonable in all the circumstances. Other applicants, including adult children, are limited to claiming what is required for their maintenance, meaning what is necessary to meet their reasonable everyday living expenses in their circumstances.
When determining whether reasonable financial provision has been made, the Court considers a range of statutory factors, including:
- financial resources and needs of the applicant;
- financial resources and needs of the beneficiaries who would other receive the estate;
- the size and nature of the estate;
- any obligations the deceased had towards the applicant or beneficiaries; and
- any other matters which the Court considers relevant.
In claims involving spouses, civil partners or cohabitants, the Court may also consider the nature and duration of the relationship with the deceased.
Claims by adult children are frequently difficult because the Courts generally expect adults to maintain themselves independently rather than being maintained by their parents. Being able to show financial need is not sufficient, nor is the simple fact of their relationship. Successful claims usually involve a combination of exceptional circumstances such as moral claims or the deceased’s intention to maintain the child.
A claim under the 1975 Act should generally be brought within six months from the date of the grant of probate or letters of administration.
The Judgment
The Court concluded that Mark’s Will failed to make reasonable financial provision for Emma and awarded her £123,418.57 for her maintenance, representing approximately 8.2% of the estate. Of that sum, £103,155 was placed into a discretionary trust structure, while £20,263.57 was allocated to discharge her debts.
In deciding this case, the Court considered the following factors:
- Nature of the relationship:
Rosemary argued that the relationship between Mark and Emma amounted to friendship rather than a genuine father-daughter relationship. The Court rejected this argument and found extensive evidence of a familial bond.
Mark had offered Emma extensive financial support and discussed providing financial assistance repeatedly, even making plans for Emma and her children to move in with him. This was characteristic of a familial relationship rather than a friendship.
The Court also considered evidence relating to Emma’s wedding. Mark had gifted Emma £1,000 as a wedding present, which Rosemary confirmed was a family gift. Though he was unable to attend because of mobility issues, he called her after the ceremony and watched the wedding video at her house. Barbara also walked Emma down the aisle in Mark’s place. Collectively, this evidence demonstrated a close parental relationship by the time of Mark’s death.
- Mark’s testamentary intentions:
The explanatory statement in Mark’s Will had specifically stated that Emma’s exclusion was due to their estrangement. By the time of Mark’s death, this was no longer true. The Court considered it likely that Mark’s testamentary intentions had changed although he did not update his Will. This was reinforced by Mark’s consistent offers of future financial support for Emma.
- Emma’s financial resources and needs:
Emma’s financial resources were very limited, with her monthly income only slightly exceeding her monthly expenditure, and her liabilities outweighing her capital. She also had limited earning capacity due to her extensive care responsibilities, and the Court held it was unreasonable for her to increase her earnings.
Emma’s needs were high as she had to support two disabled children with a substantial medical and developmental needs. Her older son was entirely dependent upon her care and had been assessed as incapable of work. Her younger son attended a special school and required additional transport and care expenses. Additionally, she experienced health issues herself. The combination of these factors substantially increased her financial pressures while restricting her earning capacity.
- Rosemary’s needs and resources:
By contrast, Rosemary was financially secure. She had an annual income of approximately £150,000 together with capital assets estimated conservatively at over £3 million. The Court found that the award to Emma would not materially affect Rosemary’s financial security or standard of living.
- Size of the estate:
The estate exceeded £1.5 million in value. The Court considered that the award only represented a small proportion of the estate without depriving Rosemary of the substantial part of her inheritance.
- Exceptional circumstances:
Although the Court did not expressly find that Mark owed Emma a moral obligation of maintenance, it recognised Emma’s considerable caring responsibilities and the support she had provided both to Mark and to Barbara.
The Court found that Emma had become a central and supportive figure within the wider family. Her conduct, generosity, and care for others contributed to the exceptional circumstances justifying an award under the 1975 Act.
Ultimately, despite Emma being a capable adult and despite the long estrangement, the combined effect of her financial needs, caring responsibilities, close relationship with Mark at the time of his death, Rosemary’s financial security, and the substantial size of the estate justified a successful claim.
Practical Implications
This case demonstrates the principles applied by the courts when considering claims for reasonable financial provision under the 1975 Act. However, the facts were exceptional, and it represented a rare case where a claim by an adult child succeeded.
Instead, the case illustrates the Court’s holistic approach in assessing all relevant circumstances, including financial need, dependency, the nature of the relationship with the deceased, and the overall size of the estate.
The decision also highlights the importance of regularly reviewing and updating Wills. Mark had prepared his Will in 2014 but did not revise it following his reconciliation with Emma in 2019. Had he updated his Will to reflect his changed relationship with his daughter, the subsequent litigation may have been avoided entirely and prevented the relationship between Emma and Rosemary from souring. Prior to the claim, the pair had been on good terms and had even planning a holiday together in the Portugal villa. Ensuring that your Will is accurate and kept up to date can spare your loved ones significant stress, uncertainty, and potential disputes after your death.
How We Can Help
We can assist with Wills and both contentious and non-contentious probate matters, including:
- drafting Wills and declarations or explanatory statements;
- advising on excluding potential beneficiaries from a Will;
- reviewing and updating Wills following changes in circumstances;
- advising on the risk of future inheritance disputes;
- obtaining grants of probate and administering estates;
- assisting with claims under the 1975 Act; and
- defending claims brought against estates.
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