It is sometimes the case that an adult child may wish to make a claim against the estate of their parent if they have been left out of the Will or have not inherited enough to meet their reasonable financial needs.
Contesting a Will as an adult child is permitted under the Inheritance (Provision for Family and Dependants) Act 1975, and this includes the right for adopted children and anyone treated as a child of the family, for example, a stepchild, to make a claim.
It is also possible to claim if the deceased did not leave a Will and an adult child does not inherit anything under the Rules of Intestacy, or they receive less than they require to support themselves.
Summary
- What Is the Inheritance Act 1975?
- Can Adult Children Make a Claim?
- What Does an Adult Child Need to Prove?
- Time Limits for Bringing a Claim
- How to Make an Inheritance Act Claim as an Adult Child
- Potential Outcomes of a Claim
- Defending an Adult Child Claim (For Executors and Beneficiaries)
- Practical Tips and Considerations
What Is the Inheritance Act 1975?
The Inheritance (Provision for Family and Dependants) Act 1975 (the Act), often referred to as the Inheritance Act, gives certain individuals the right to claim financial support from the estate of someone who has died and who was domiciled in England or Wales.
Those entitled to claim are:
- The spouse or civil partner of the deceased
- A former spouse or civil partner
- A cohabiting partner who lived with the deceased for at least two years before the date of death
- A child of the deceased, including an adopted child
- Anyone treated as a child of the family by the deceased
- Anyone supported financially by the deceased at the time of their death
A spouse or civil partner may receive a similar sum to that which they could expect in a divorce.
All other claimants, including adult children, will be entitled to reasonable financial provision. This is an amount that is more than mere subsistence, but not enough to provide a life of luxury.
Can Adult Children Make a Claim?
The Inheritance Act 1975 allows adult children to make a claim if their reasonable financial needs have not been met. This could either be because they have not been adequately provided for in the Will or because the deceased did not leave a Will and they did not receive sufficient financial support under the Rules of Intestacy.
Even if a child is an independent adult or the estate is small, it may still be possible to make a claim.
What Does an Adult Child Need to Prove?
As an adult child claiming against an estate, you will need to prove that there was a failure to make reasonable financial provision for you and to meet your reasonable financial needs. Section 3 of the Act sets out what the court must consider when deciding a claim.
Section 3 Inheritance Act factors to be taken into account are as follows:
- The claimant’s financial resources and financial needs, now and in the foreseeable future
- The financial resources and needs of any other claimants, now and in the foreseeable future
- The financial resources and needs of the beneficiaries of the estate, now and in the foreseeable future
- Any obligations or responsibilities the deceased had to the claimant or to any beneficiaries
- The size and nature of the net estate
- Any physical or mental disabilities of the claimant or of any of the estate’s beneficiaries
- The conduct of the parties, where the court considers this to be relevant
- Any other relevant circumstances
Time Limits for Bringing a Claim
There is a tight time limit for bringing an Inheritance Act claim of six months from the date of the Grant of Probate or, if the deceased did not leave a Will, the date of the Grant of Letters of Administration.
If this deadline has passed, it is possible to apply to the court for permission to make a claim out of time. A sound reason for the delay will need to be provided, and there is no guarantee that consent will be given.
Because of the short deadline, it is sensible to seek advice promptly if you wish to make a financial provision claim as an adult child.
How to Make an Inheritance Act Claim as an Adult Child
The first step in making inheritance claims against estates is to speak to an expert contentious probate solicitor. They will be able to advise you of the strengths and weaknesses of your case and discuss the next steps in bringing a claim. It is important to act promptly because of the time limit.
If you ask us to assist, we will obtain a copy of the Will and the Grant of Probate or the Grant of Letters of Administration. This will give us a range of information, including names of the deceased’s executors or administrators and the size of the estate.
We will put together evidence of your situation, for example, the level of support provided to you by the deceased before their death, and your current financial needs and obligations. This will form the basis of your claim, and it is important to be thorough when amassing the documentation.
It is generally preferable to resolve matters out of court wherever possible. This is faster and more cost-effective than litigation, and executors or administrators will usually prefer this option. We will contact them and put your case clearly, then enter into negotiations to try to secure appropriate financial support for your reasonable needs.
Where necessary, we will file a claim with the court. It is still possible to negotiate a settlement after a claim is filed, and we will continue to explore this option throughout. If your claim reaches a final hearing, we will ensure that you have a robust case and that you are represented in court by an expert contentious probate advocate.
Potential Outcomes of a Claim
Claims are often settled out of court by way of negotiation or by using an alternative form of dispute resolution, such as mediation.
If a claim reaches court, the judge may make the following provision for a successful claimant:
- A lump sum payment from the estate, for example, to enable a claimant to have their reasonable housing needs met
- Periodic payments, for example, by setting up a trust to make regular payments that will provide a claimant with an income
- Property rights, such as the right to occupy a property for life or the transfer of a property to a claimant
- Putting a share of the estate into a trust for a claimant
The court can also decide to dismiss a claim if it feels that a case has not been proved or that the claimant does not have the necessary level of financial need.
Defending an Adult Child Claim (For Executors and Beneficiaries)
As an executor, administrator or beneficiary who is facing a claim from someone who believes they should have received a share of the deceased’s estate, it is crucial to take legal advice early on to protect your position.
Executors and administrators have a duty to protect the estate and to act in the best interests of the beneficiaries at all times. Failure to speak to expert contentious probate solicitors could result in personal liability if the estate suffers a loss as a result.
A solicitor will be able to explore the strength and validity of any claim and discuss the options available to you. This could be defending the claim or taking steps to settle out of court, if the claim is likely to succeed.
Practical Tips and Considerations
In dealing with inheritance claims against estates, we always aim to provide a realistic assessment of your case. We will look at the full picture, and our advice to you will take into account issues such as the size of the estate and the number and needs of other beneficiaries.
Taking an Inheritance Act case to court can be expensive, and we generally aim to resolve matters out of court to reduce costs. It is usually beneficial to explore mediation or another form of alternative dispute resolution. As well as being a faster and cheaper option, this can prevent family relationships from deteriorating further.
In dealing with your case, we will work with you to gather relevant evidence, helping to support your claim with appropriate documentation. We will communicate clearly with the estate’s executors or administrators and work to find an acceptable solution without the need for litigation.
Conclusion
If you are an adult child who has not been provided for in a parent’s Will, or you have not inherited enough to meet your reasonable financial needs, you may have the right to make a claim under the Inheritance Act.
It is important to speak to an experienced contentious probate solicitor promptly, as there is a short time limit for an Inheritance Act claim. Should this be missed, there is no guarantee that you will be able to start your case out of time.
If you are an executor, administrator or beneficiary and you are dealing with a claim from someone who was not included in the Will, you should also speak to a solicitor promptly to protect your position.
Our team can explain how to challenge a Will as an adult child, gather relevant evidence to support your case, and work towards an appropriate outcome. We also represent executors and administrators in defending against Inheritance Act claims.
Contact Our Contentious Probate Solicitors
If you wish to challenge a Will as an adult child of the deceased, we will do all we can to assist.
For information on adult child inheritance rights in the UK and our related services, see our Wills, trusts and probate page.
To speak to one of our expert Wills solicitors, ring us on 0300 303 2071, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can assist. We have offices in Birmingham, Northampton, London and Wellingborough.
