LEGAL GUIDE · ENGLAND & WALES
Of all the Inheritance Act claims we handle at NJS Law, those brought by adult children excluded from a parent’s will are among the most emotionally complex. Understanding how the law and the courts approach these cases — what is relevant, what is not, and what you can realistically hope to achieve — is essential before you decide how to proceed.
In England and Wales, there is no automatic entitlement for any adult child to inherit from their parent. A parent has full testamentary freedom. However, the Inheritance (Provision for Family and Dependants) Act 1975 provides a safety net. Under the Act, an adult child can apply to the court for reasonable financial provision if the will fails to make such provision. The right exists — but it comes with meaningful conditions.
For all claimants except spouses and civil partners, the Act limits provision to ‘reasonable for maintenance.’ The landmark Supreme Court case of Ilott v The Blue Cross [2017] UKSC 17 confirmed this line clearly — an adult daughter completely estranged from her mother for over 25 years received an award of approximately £50,000, calibrated to her financial needs. The Act is not a tool for achieving fair or equal distribution. It is a remedy for genuine financial need.
Limited income, housing insecurity, significant debts, high medical costs or limited earning capacity. Evidence should be thorough and honest.
Courts recognise a parent’s heightened moral obligation towards a child who cannot fully provide for themselves. Detailed medical evidence is essential.
If your parent was actively supporting you — through regular payments, covering your rent, housing you — this dependency is a significant factor.
If your parent made clear promises about inheritance and you changed your position in reliance on those promises, you may have a proprietary estoppel claim alongside the Inheritance Act claim.
If you provided significant care, gave up paid work or reduced hours to look after the parent — this speaks to the moral obligation they had towards you.
Financial independence; conduct towards the deceased; a carefully drafted letter of wishes; and the needs of other beneficiaries (particularly a surviving spouse with modest means) can all weaken or defeat a claim. NJS Law will always give you an honest assessment.
Estrangement does not automatically defeat a claim. The court looks behind it to understand causes and nature. Where estrangement was caused by the deceased’s conduct — abandonment, neglect, abuse — the child’s case is strengthened. Where caused primarily by the child’s conduct, a claim is harder but not impossible if financial need is compelling.
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It is significantly more difficult. The Act focuses on provision for maintenance, and a court is unlikely to make a meaningful award if you are not in genuine financial hardship.
Yes, potentially. Estrangement does not automatically prevent a claim. The court examines why it occurred. If caused by the deceased’s own conduct, this can support your case.
Possibly, if you can demonstrate financial need. The court considers both the surviving partner’s needs and yours — making provision for both parties is common.
Yes. They are separate proceedings but can be pursued simultaneously.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s will disputes service page.
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