Written by Krishna Patel
A person has the right to leave their estate to whomever they choose through a will. However, in cases where a will is contested, or where the deceased has failed to make adequate provision for family members, the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) provides a route for certain individuals, including adult children, to challenge the distribution of the estate.
The 1975 Act allows adult children to make a claim for reasonable financial provision if they believe they have been inadequately provided for. However, unlike spouses or minor children, adult children must demonstrate that they have a legitimate financial need or dependency on the deceased to successfully claim under this law.
What is the eligibility of adult children to bring a claim Under the 1975 Act?
An adult child may bring a claim if they are dissatisfied with the provisions made in the will or if they are excluded altogether. The key factor for adult children under the 1975 Act is whether the provision made (if any) was reasonable given their financial circumstances and relationship with the deceased.
The court will consider several factors when determining if an adult child is entitled to financial provision, including:
- The financial needs and resources of the adult child
- The size and nature of the estate
- The obligations and responsibilities of the deceased towards the adult child
- Any physical or mental disabilities of the adult child, which may increase the likelihood of financial dependency.
- The conduct of the adult child, particularly if there has been a family estrangement, as well as the deceased’s intentions, as expressed in the will or other documentation.
While adult children are not automatically considered “dependants,” they may still argue for a reasonable share of the estate if they can demonstrate financial hardship or other extenuating circumstances.
What Constitutes “Reasonable Financial Provision”?
For adult children, the law requires any financial provision to be reasonable for their maintenance. Courts interpret “maintenance” to mean the provision of funds necessary for living expenses rather than lifestyle preservation or luxury. Adult children must generally prove that they are in need of financial support to maintain a reasonable standard of living.
The Ilott v. The Blue Cross (2017) case provided an important precedent. In this case, Heather Ilott, an estranged adult daughter, was left out of her mother’s will, which left her estate to various charities. Despite the estrangement, Ilott successfully challenged the will under the 1975 Act, receiving a modest sum to provide for her basic living needs. The case highlighted the court’s willingness to provide for adult children in cases of financial hardship, even if the deceased’s express wishes excluded them from the estate.
What are the challenges in claiming financial provision for adult children?
While adult children are eligible to claim under the 1975 Act, they often face hurdles in securing provision, particularly if they are financially independent. Courts tend to be more sympathetic toward claimants who are struggling financially or who relied on the deceased for support. Adult children who are well-off or financially independent will need to provide compelling reasons for why they should receive a portion of the estate, especially when competing claims from spouses, minor children, or charities exist.
What practical steps can adult children take seeking financial provision?
If an adult child feels that they have been unfairly excluded or inadequately provided for in a will, there are several steps they can take:
- Seek legal advice early: It is important to understand the legal grounds for a claim and the chances of success.
- Act quickly: Claims under the 1975 Act should be made within six months from the date of the grant of probate, so timing is critical.
- Gather evidence: Claimants should collect financial documents that demonstrate their need, such as income statements, bills, and evidence of debts. Medical records may be important if claiming on the basis of physical or mental disability.
- Negotiate: In some cases, it may be possible to reach a settlement with the estate’s executors or other beneficiaries without going to court. Mediation can be an effective way to resolve disputes amicably and avoid the costs and emotional strain of litigation.
The ability to secure reasonable financial provision for adult children from a deceased parent’s estate is far from guaranteed. The burden is on the claimant to prove financial need or dependency, and the courts will carefully balance this with the needs of other beneficiaries and the deceased’s wishes.
Adult children considering a 1975 Act claim should approach the matter with cautio, be armed with legal advice and have a clear understanding of their financial circumstances. Success in these cases often hinges on proving genuine financial need and presenting a compelling case that persuades the court to intervene in the distribution of the estate.
If you wish to discuss any of the above then please contact our Dispute Resolution Team for an initial consultation with Krishna on 0208 049 5888 or call us on 01702 338338.
