Estrangement to Entitlement under the Inheritance Act 1975

These include:

• Spouse or civil partner of the deceased;
• Former spouse or civil partner of the deceased;
• Child of the deceased;
• Any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family;
• A person who was maintained by the deceased, either wholly or partly immediately prior to their death.

When making a decision, the Court will consider various factors including:

• Financial resources and needs which the Claimant has or is likely to have in the foreseeable;
• Financial resources and needs which any beneficiary has or is likely to have in the foreseeable;
• Obligations and responsibilities that the deceased had towards the Claimant;
• Size and nature of the Estate;
• Physical / mental disability of the Claimant.

Will challenge success by adult child

In the recent case of Howe v Howe, Jenna Howe claimed against her father Roger Howe’s estate after he excluded her from his Will. Jenna was Roger’s only child.

The Court heard that the two had a volatile relationship during Jenna’s upbringing and had become estranged. Roger’s 2017 Will completely omitted Jenna, instead leaving his estate to his mother, sister, and two nephews. Roger had been adamant that Jenna should not benefit from his estate. Jenna filed a claim under the 1975 Act, seeking reasonable financial provision from her father’s £1.4m estate, requesting around £440k. She cited years of emotional abuse and neglect by her father.

The Court acknowledged the impact of Roger’s behaviour on Jenna, recognising that her resulting mental condition, which prevented her from working, drove much of the needs outlined in her claim. The Court awarded her £125k for reasonable financial provision, including weekly maintenance for the next 10 years to support her needs, including clearing debts. The award was placed in trust for Jenna.

This case highlights the complexities of such claims and demonstrates that an estranged adult child, even when excluded from a Will, can still bring a successful claim under the 1975 Act by proving a legitimate need.

For advice on claims against Estates, please do not hesitate to get in touch with our Contentious Probate team.