### Exploring the Bounds of Financial Provision for Adult Children under the Inheritance Act 1975

In the realm of will disputes and contests, the question of how much an adult child can claim from a deceased parent’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 often arises. This article delves into the intricacies of such claims, shedding light on the potential for adult children to secure more than fifty percent of the estate. Through the lens of landmark cases and legal provisions, we explore the factors that influence these claims and the evolving interpretation of what constitutes “reasonable financial provision” for adult children. Join us as we navigate the legal landscape of will disputes, examining the balance between testamentary freedom and statutory provisions for family and dependants.

Groundbreaking Case Shatters Limits on Inheritance Claims by Adult Children

In a landmark decision that could reshape the landscape of inheritance disputes, specialist will claim solicitors have shed light on a recent case where an adult child was awarded over fifty percent of their deceased parent’s estate. This case marks a significant departure from the traditionally conservative approach taken towards financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Historically, adult children have found themselves at a disadvantage in will dispute claims, particularly when challenging the estates of near relatives, most commonly their parents. The prevailing view has been that adult children, typically independent from their deceased parents for many years, face an uphill battle in proving a need for financial provision from the estate.

The Inheritance (Provision for Family and Dependants) Act 1975, while allowing for some flexibility in the distribution of an estate, has not been widely interpreted to favour adult children making claims. This is largely because English and Welsh law places a strong emphasis on the freedom of individuals to distribute their assets posthumously as they see fit, without a significant obligation to provide for adult children.

However, the case of Fennessy v Turner [2022] WTLR 1285 has potentially turned the tide. In this case, heard at Leeds County Court and upheld on appeal to the High Court, an adult child was awarded a substantial portion of the estate, significantly more than the previously perceived cap of around 11% established by the precedent-setting case of Ilott v Mitson [2017] UKSC 17.

The claimant in Fennessy v Turner was awarded over 50% of the estate, a decision that underscores the court’s discretion to make awards based on the specific circumstances of each case. The award included provisions for an income deficit, future rent, and the purchase of furniture and white goods, highlighting a broad interpretation of “maintenance” that extends beyond mere subsistence.

This ruling emphasizes that there is no need to establish a moral claim to succeed in a financial provision claim under the Act. Instead, claims are to be resolved on a case-by-case basis, with maintenance assessed according to the applicant’s standard of living.

The implications of this decision are profound, suggesting that adult children may have greater grounds for challenging wills and seeking financial provision than previously thought. It also signals a shift towards a more nuanced understanding of maintenance, one that considers the applicant’s future needs and standard of living.

For those considering a will dispute or contest, this case highlights the importance of seeking specialist legal advice. Solicitors with expertise in no win no fee will dispute claims are well-placed to assess the merits of a case and navigate the complexities of the Inheritance Act.

As the legal landscape continues to evolve, the case of Fennessy v Turner serves as a pivotal moment in inheritance law, potentially opening the door for more adult children to claim reasonable financial provision from their deceased parent’s estate.

For further information on will disputes and financial provision claims, or to discuss a potential claim, individuals are encouraged to seek legal advice from specialists in this area.