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.
The Inheritance Act 1975 allows specified people to ask the court for reasonable financial provision from the estate of a deceased person where:
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.
Section 1 of the Act sets out the categories:
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.
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.
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 leading case is Ilott v The Blue Cross in the Supreme Court. The court confirmed:
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 court must consider, under section 3 of the Act:
For adult child claims, the court will also consider:
The strongest claims involve adult children who are genuinely in financial need, particularly where:
Where the deceased was supporting the adult child financially during their lifetime, this strengthens the claim. The court may infer an ongoing moral obligation.
Where the deceased made promises about inheritance or led the adult child to expect provision (sometimes called "proprietary estoppel" in different contexts).
Where the adult child contributed to the deceased's wealth or property over the years.
Where the adult child provided substantial care for the deceased in later life, sometimes at the expense of their own financial position.
An adult child who is financially independent, with their own income and assets, generally has a weaker claim.
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.
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.
Where other beneficiaries have stronger claims (for example, a surviving spouse with their own needs), the court will balance the competing interests.
Where the estate is small and other beneficiaries also have needs, there may be insufficient resources to make additional provision.
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 court expects pre-action correspondence. A letter setting out the proposed claim, with supporting evidence and proposals for resolution, should be sent before issuing.
The claim is issued in the Chancery Division of the High Court or the County Court, usually using Part 8 procedure.
Both sides file witness statements with supporting documents.
The court gives directions for the conduct of the case.
Mediation is strongly encouraged and many claims settle this way.
If unresolved, the case goes to trial. Inheritance Act trials usually involve oral evidence from the applicant and the executors, and sometimes from beneficiaries.
The court has wide powers including:
For adult children, lump sum orders and property settlement orders are most common.
Detailed evidence of the applicant's income, outgoings, assets and liabilities.
Evidence of the applicant's accommodation needs and current arrangements.
Evidence of the nature of the relationship, including periods of estrangement and reconciliation.
Evidence of any financial support provided by the deceased.
Any explanation given by the deceased for the provisions of the will (or the lack of provision).
The value and composition of the net estate.
The position of those benefiting under the will.
Costs can be significant. The general rule that costs follow the event applies, but there are some specific considerations:
For modest claims, the costs can quickly outweigh the benefit. Careful cost-benefit analysis is essential.
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.
The deceased is not available to give their view. Family members often have very different recollections.
Where the estate is small, there may not be enough to make any meaningful provision after costs.
Whether the applicant qualifies as a "child" of the deceased may itself be in dispute (for step-children, adopted children).
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.
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.