What is an Inheritance Act claim by an adult child?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for reasonable financial provision from an estate where they have been left out or inadequately provided for. Adult children are one of the recognised categories of claimant. Adult child claims are particularly fact-sensitive and the outcome can vary significantly depending on the circumstances.

This guide explains who can bring an adult child claim, what the court considers and how the process works.

What is an Inheritance Act claim?

The Inheritance Act 1975 allows specified people to ask the court for reasonable financial provision from the estate of a deceased person where:

• The deceased was domiciled in England and Wales at death
• The will (or intestacy) does not make reasonable financial provision for the applicant

If the court agrees, it can order a payment or other provision from the estate. The claim is not about challenging the validity of the will; it is about whether the will (even if valid) made reasonable provision for the applicant.

Who can claim?

Section 1 of the Act sets out the categories:

• The spouse or civil partner of the deceased
• A former spouse or civil partner (who has not remarried)
• A cohabitant who lived with the deceased for at least 2 years immediately before death
• A child of the deceased
• A person treated as a child of the family
• A person maintained by the deceased

Adult children fall within the "child of the deceased" category. The Act does not distinguish between minor children and adult children for the purposes of standing to bring a claim.

The "reasonable provision" question

For non-spouse claimants (including adult children), the test is whether the will makes "such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance".

The key word is "maintenance". For adult children, this means the court can only order provision for maintenance, not for general advancement or other purposes. This is a narrower test than for spouses, who can seek reasonable provision in all the circumstances, not limited to maintenance.

What does maintenance mean?

Maintenance means provision for daily living, including housing and ordinary needs. It is not limited to bare subsistence but it is not a windfall either. The court will consider:

• The applicant's accommodation needs
• Their income and outgoings
• Their ability to support themselves
• Any specific needs (health, disability, dependants)
• The standard of living they have been used to

The court's approach to adult child claims

The leading case is Ilott v The Blue Cross in the Supreme Court. The court confirmed:

• Adult children can claim under the Act
• The fact that the child is an adult who has not been dependent on the deceased is relevant but not decisive
• The court must consider all the section 3 factors
• Testamentary freedom is a powerful consideration but does not override the statutory rights
• The applicant's own financial position is highly relevant

The result is that adult child claims succeed in some cases but fail in many others. The fact-specific nature of these claims makes them difficult to predict.

The section 3 factors

The court must consider, under section 3 of the Act:

• The financial resources and financial needs of the applicant
• The financial resources and needs of any other applicant
• The financial resources and needs of any beneficiary
• Any obligations and responsibilities of the deceased towards the applicant or any beneficiary
• The size and nature of the net estate
• Any physical or mental disability of the applicant or any beneficiary
• Any other matter the court considers relevant, including the conduct of the applicant

For adult child claims, the court will also consider:

• The manner in which the applicant was being or might expect to be educated or trained
• Whether the applicant was maintained by the deceased

Factors that favour adult child claims

Financial need

The strongest claims involve adult children who are genuinely in financial need, particularly where:

• They have low income
• They have housing difficulties
• They have health issues or a disability
• They have dependants of their own

Past maintenance

Where the deceased was supporting the adult child financially during their lifetime, this strengthens the claim. The court may infer an ongoing moral obligation.

Promises or expectations

Where the deceased made promises about inheritance or led the adult child to expect provision (sometimes called "proprietary estoppel" in different contexts).

Contributions to the deceased's wealth

Where the adult child contributed to the deceased's wealth or property over the years.

Care for the deceased

Where the adult child provided substantial care for the deceased in later life, sometimes at the expense of their own financial position.

Factors that work against adult child claims

Financial independence

An adult child who is financially independent, with their own income and assets, generally has a weaker claim.

Estrangement

Long-term estrangement between the deceased and the adult child can weaken the claim, particularly where the estrangement was the adult child's fault. However, estrangement alone is not a complete bar to a claim.

Reasonable will

Where the will makes some provision for the adult child but they think it inadequate, the question is whether the provision is unreasonable. The court is reluctant to second-guess testamentary decisions where some provision has been made.

Competing claims

Where other beneficiaries have stronger claims (for example, a surviving spouse with their own needs), the court will balance the competing interests.

Size of the estate

Where the estate is small and other beneficiaries also have needs, there may be insufficient resources to make additional provision.

The time limit

Inheritance Act claims must be made within 6 months of the grant of probate (or letters of administration). The court has power to extend this time limit but does so only where there is a good reason.

The time limit is strict. Practitioners often advise potential claimants to file a protective claim within the 6-month period to preserve their position, even if negotiations are ongoing.

The procedure

Pre-action steps

The court expects pre-action correspondence. A letter setting out the proposed claim, with supporting evidence and proposals for resolution, should be sent before issuing.

Issue of the claim

The claim is issued in the Chancery Division of the High Court or the County Court, usually using Part 8 procedure.

Evidence

Both sides file witness statements with supporting documents.

Directions

The court gives directions for the conduct of the case.

Mediation

Mediation is strongly encouraged and many claims settle this way.

Trial

If unresolved, the case goes to trial. Inheritance Act trials usually involve oral evidence from the applicant and the executors, and sometimes from beneficiaries.

What orders the court can make

The court has wide powers including:

• A periodic payment
• A lump sum
• Transfer of property
• Settlement of property
• Acquisition of property for transfer
• Variation of an antenuptial or postnuptial settlement

For adult children, lump sum orders and property settlement orders are most common.

Evidence to gather

Financial position

Detailed evidence of the applicant's income, outgoings, assets and liabilities.

Housing position

Evidence of the applicant's accommodation needs and current arrangements.

Relationship with the deceased

Evidence of the nature of the relationship, including periods of estrangement and reconciliation.

Past maintenance

Evidence of any financial support provided by the deceased.

The deceased's wishes and reasons

Any explanation given by the deceased for the provisions of the will (or the lack of provision).

The estate

The value and composition of the net estate.

Other beneficiaries

The position of those benefiting under the will.

Costs in Inheritance Act claims

Costs can be significant. The general rule that costs follow the event applies, but there are some specific considerations:

• The court has power to order costs out of the estate
• The conduct of the parties before and during litigation is relevant
• The reasonableness of any offers made is considered

For modest claims, the costs can quickly outweigh the benefit. Careful cost-benefit analysis is essential.

Common difficulties

Estrangement

How the court treats long-term estrangement varies significantly. Some judges treat it as a major factor, others give it less weight. Where the estrangement was the adult child's responsibility, the claim is weaker.

Conflicting evidence

The deceased is not available to give their view. Family members often have very different recollections.

Modest estates

Where the estate is small, there may not be enough to make any meaningful provision after costs.

Standing claims

Whether the applicant qualifies as a "child" of the deceased may itself be in dispute (for step-children, adopted children).

When to take legal advice

Inheritance Act claims are technical and fact-sensitive. Predicting the outcome requires detailed analysis of the section 3 factors. For any claim where the estate is of meaningful size, specialist advice is essential.

A direct access barrister with chancery and probate experience can advise on the prospects of a claim, draft the necessary documents and represent you in negotiations and at any trial.

Speak to a direct access barrister about your case

If anything in this guide matches your situation, we can match you with a specialist barrister who handles cases like yours every week. The initial enquiry is free and you receive a clear fixed-fee quote before any work begins. Tell us about your case and we will be in touch the same working day.