I do not owe you a living, my son

There may be various and complex reasons why a parent decides to leave an adult child out of their will, or with less than expected. Unlike some countries, English law does not dictate that a fixed percentage must be left to a child. A will does not even require its maker to give reasons for the disinheritance. Nevertheless a disappointed adult child may still challenge a perceived unfairness in a will under the Inheritance (Provision for Family and Dependants) Act 1975. The courts will award adult children ‘reasonable financial provision’ where the circumstances merit it. Indeed a deceased’s children are just one of the categories of potential applicants under the 1975 Act.

When might a claim succeed? A court will look at all the circumstances including whether the parent assumed responsibility for maintaining their adult child and, if so, the extent and basis of that responsibility. It will consider the financial resources and needs of the applicant, as well as the other beneficiaries under the will, together with the size of the estate. So, an adult child with a well-paid job and a sustainable earning capacity is unlikely to succeed without other special considerations such as a moral obligation. In any event, the court will only ever grant adequate provision for the applicant’s maintenance rather than what the applicant may feel is morally fair.

For further information on possible claims under the Inheritance Act, please contact:

Mark Keenan
Tel +44 (0)20 7440 7129
mark.keenan@mishcon.com