Are You Estranged From Members of Your Family?
- Maplebrook Services
- 4 days ago
- 4 min read
When a person dies or is deemed to be domiciled in England and Wales, their estate is usually distributed according to their Will or, if there is no Will, under the rules of intestacy. However, in some situations the law allows certain individuals to challenge the distribution of the estate if it fails to make “reasonable financial provision” for them. The primary legislation governing such claims is the Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the 1975 Act. Importantly, adults - particularly adult children and dependants - may bring claims under this Act where they believe the deceased’s estate has failed to provide adequately for them.
Who Can Bring a Claim?
The 1975 Act sets out specific categories of individuals who may apply to the court for financial provision from a deceased person’s estate. These include:
The spouse or civil partner of the deceased
A former spouse or civil partner who has not remarried
A person who lived with the deceased as a spouse or civil partner for at least two years before death
A child of the deceased (including adult children)
A person treated by the deceased as a child of the family
Any person who was financially maintained by the deceased immediately before their death
While claims by spouses are the most common, the Act clearly allows adult children and other dependants to apply if the estate distribution leaves them without reasonable provision.
What Is “Reasonable Financial Provision”?
The meaning of “reasonable financial provision” depends on the claimant’s relationship with the deceased. For spouses and civil partners, the court may award whatever provision would be reasonable in all the circumstances, potentially including a share of the estate comparable to divorce settlements.
For adult children and other dependants, the threshold is narrower. The Act generally limits provision to what is necessary for the claimant’s maintenance. Maintenance is interpreted broadly but usually refers to financial support required to meet living expenses rather than capital wealth or inheritance for its own sake.
Time Limits for Bringing a Claim
A key procedural requirement is that claims must normally be issued within six months of the grant of probate (or grant of letters of administration). This is a strict deadline. Although courts may allow claims outside this period, permission is required and is not guaranteed.
Factors Considered by the Court
When assessing claims by adult beneficiaries or dependants, courts consider a range of statutory factors set out in the Act. These include:
The financial resources and needs of the applicant
The financial resources and needs of other beneficiaries
The size and nature of the estate
Any obligations or responsibilities the deceased had toward the claimant
The claimant’s physical or mental disability, if any
Any other relevant circumstances, including the conduct of the individuals
The court’s task is essentially to balance the competing interests of all parties while respecting the deceased’s testamentary freedom as far as possible.
Adult Children and Modern Case Law
Historically, courts were reluctant to award significant provision to independent adult children. However, modern case law has clarified that adult children are not automatically excluded from relief.
An example is Ilott v The Blue Cross and Others (2017), a decision of the UK Supreme Court. In that case, an estranged adult daughter challenged her mother’s Will, which left the entire estate to charities. Although the daughter was living independently, she had limited financial means. The Supreme Court ultimately awarded her a sum for maintenance, confirming that adult children can succeed under the Act in appropriate circumstances, though awards may be limited.
The decision emphasised that financial need remains a crucial factor and that courts must carefully consider the deceased’s wishes alongside the claimant’s circumstances.
Dependants Maintained by the Deceased
Individuals who were financially supported by the deceased before their death may also bring claims. This category can include partners who did not meet the two-year cohabitation requirement, relatives, or even non-family members who relied on the deceased for regular financial support.
To qualify, the claimant must show that the deceased was making a substantial contribution to their reasonable needs immediately before death. Evidence such as bank transfers, shared living expenses, or informal arrangements may be relevant.
Possible Remedies
If the court finds that reasonable financial provision has not been made, it may order several types of relief, including:
A lump-sum payment
Periodic payments (similar to maintenance)
Transfer or settlement of property
Variation of a trust established by the Will
The precise remedy depends on the claimant’s needs and the circumstances of the estate.
Conclusion
The Inheritance (Provision for Family and Dependants) Act 1975 provides an important safeguard against unfair outcomes where a Will - or the rules of intestacy - fail to make adequate provision for certain individuals. Adult children and dependants are not automatically entitled to inherit, but they may seek relief where the absence of financial support would leave them without reasonable maintenance.
Successful claims depend on careful analysis of financial need, the deceased’s obligations and the overall estate circumstances.
When we are drafting a Will for a client where the above legislation may be appropriate and an individual is being excluded, we recommend that a Letter of Wishes be completed setting out the reasons why the person is being excluded which may assist in a defence of a claim.
We once had to point out to a client that simply saying that a particular daughter had been excluded from benefiting from her estate “because she is a pr*t” was an insufficient reason!
If you are unhappy with your share of inheritance, or there is a disagreement between beneficiaries and executors, we can provide the expertise and experience to help you reach a resolution.
We have partnered with IDR Law, who specialise in helping families reach a resolution during these difficult and sensitive disputes.
For further advice, please contact us to assist you in advising on the above, create an effective Will, protect your estate and ensure your assets go to the people you choose.
At Maplebrook Services, we help clients by:
Drafting legally robust Wills that clearly state your wishes.
Offering secure Will storage.
Offering probate support to ensure your estate is administered safely and efficiently.
All advisors at Maplebrook Services are fully qualified Willwriters, registered with the Institute of Professional Willwriters, who undergo regular Continuing Professional Development through numerous Webinars, weekly updates and notifications of forthcoming/new legislation.
Maplebrook Services Limited has €2.4 Million of Professional Indemnity Insurance.
Call us: +357 26 600780
Email: info@maplebrookservices.com
