Navigating Inheritance Claims: Understanding Rights and Legal Options for Disinherited Adult Children and Step-Children

Unlocking Inheritance: A Lifeline for Excluded Family Members

In the intricate web of family dynamics, it’s not uncommon for wills to reflect the complexities and estrangements that can occur over a lifetime. This often results in adult children or step-children being left out of their parent or step-parent’s wills, leaving them without any inheritance. However, the Inheritance (Provision for Family and Dependants) Act 1975 offers a glimmer of hope for those who find themselves in such a predicament.

This legislation enables eligible adult children or ‘children of the family’, such as step-children, to challenge the estate on the grounds that the will fails to make reasonable financial provision for their maintenance. But what does the court consider when faced with such a claim?

What the Court Considers

The court delves into the financial needs of the applicant, taking into account their current lifestyle and any foreseeable future needs, including retirement. The notion of a ‘moral claim’ has also played a role in these considerations, stemming from historical cases that suggested applicants needed to demonstrate more than just financial need. However, this was expanded upon by the UK Supreme Court in Ilott v Mitson, where it was clarified that while a moral claim is not a prerequisite, there must be an ‘extra factor’ beyond just a qualifying relationship.

Recent successes in adult child claims, facilitated by pre-action negotiation and mediation, have highlighted the potential for settlements without the need for costly court proceedings. These cases, though unique in their facts, underscore the importance of individual circumstances in determining the outcome of such claims.

Recent Case Studies

Case Study 1

In a poignant example, two claimants reconnected with their father in the last year of his life after over five decades of estrangement following their parents’ divorce. Despite their father’s intentions to amend his will to include them, his plans were thwarted by the Covid-19 pandemic. The claimants’ lack of savings and reliance on a basic state pension, coupled with their renewed relationship and their father’s unfulfilled wishes, formed the ‘extra factor’ that led to a successful settlement.

Case Study 2

Another case involved a claimant from a blended family who was left with a minimal inheritance after their step-father’s death, contrary to the expectations set by mirror wills signed by their parents. The claimant’s financial need, particularly in retirement, and the reliance on promises made by the deceased, were key factors in the claim. Misinformation and unfulfilled expectations regarding the distribution of the estate provided the ‘extra factor’ needed for a successful claim, which was settled through pre-action mediation.

How We Can Help

For those who believe they have been unjustly excluded from a will, time is of the essence. Claims under the Act must be made within six months of the Grant of Probate. Seeking advice from a specialist in will disputes is crucial to understanding your rights and the potential for a claim.

It’s important to remember that each case is unique, and the outcomes depend heavily on the specific circumstances involved. Legal guidance is essential in navigating these complex issues and in seeking a resolution that provides for those left out of wills.

Please note that this article is intended to inform rather than advise and is based on the law as it stands at the time of writing.

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