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Adult children can apply under the Inheritance Act 1975 but face a high threshold. Courts do not impose a moral obligation on parents to leave adult children anything. Claims succeed mainly where the adult child is financially dependent due to disability or illness, or made sacrifices in reliance on a testamentary promise. The 6-month deadline is strict.
An adult child who receives nothing — or less than they expected — from a parent's estate may wonder whether they can claim under the Inheritance Act 1975. The answer is yes, they can apply — but courts set a high bar before they will override a parent's testamentary wishes in favour of an independent adult child.
This guide explains the threshold for adult children's claims, what circumstances make a claim more likely to succeed, the maintenance standard, the 6-month deadline, and the practical steps to take.
Section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975 allows “a child of the deceased” to apply. This includes:
There is no minimum age and no maximum age. An adult child of 50 or 60 can apply just as a minor child can. However, the question of whether the estate's disposition “fails to make reasonable financial provision” for the applicant is assessed differently for an adult who is financially independent compared with a minor or a child with significant needs.
For the full overview of who can apply, see our guide on Inheritance Act 1975 claims.
In Re Coventry[1980], the Court of Appeal set the tone for adult children's claims. Oliver J (as he then was) held that there is no moral obligation on a parent to leave an adult child anything, particularly if the child is capable of supporting themselves. The mere fact that a parent left an adult child little or nothing is not, without more, sufficient to found a claim.
The court in Re Coventryemphasised that a court cannot simply substitute its own view of a fair distribution for the testator's considered decision. For a claim to succeed, there must be some reason — beyond mere disappointment — why the law should require the testator's decision to be overridden.
Later cases have confirmed that:
Adult children's claims are more likely to succeed in the following circumstances:
An adult child with a serious physical or mental disability who was financially dependent on the deceased, or who has significant ongoing care needs that require financial support, is in a much stronger position. Courts have consistently awarded provision in these circumstances even where the deceased left the estate to others.
Where an adult child gave up a career, moved in to care for an elderly parent, or otherwise made significant sacrifices in reliance on a promise of inheritance that was not honoured in the will, courts are more receptive to a claim. The promise may also give rise to a claim in proprietary estoppel separate from the Inheritance Act claim.
Where an adult child was recently financially dependent on the parent — for example, due to a recent illness, unemployment, or financial difficulty — and that dependency was evident at the time of death, courts are more likely to find that the estate failed to make reasonable provision.
Section 1(1)(d) allows a person who was treated as a child of the family in relation to a marriage or civil partnership of the deceased to apply — for example, a stepchild or a foster child whom the deceased brought up as their own. The same high threshold applies but the history of the relationship with the deceased is central.
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Like all applicants other than spouses and civil partners, adult children are limited to the maintenance standard under section 1(2)(b): such financial provision as would be reasonable for their maintenance.
Courts have interpreted maintenance broadly — it is not limited to bare subsistence and can include housing costs and a reasonable standard of living. However, it does not extend to wealth-sharing or a claim to a proportionate share of the estate as a matter of right.
In practice, awards to adult children have included:
Under section 3 of the I(PFD)A 1975, the court must consider:
In adult children's cases, the court will also look at the relationship history between parent and child — whether there was estrangement, any contribution the child made to the family (such as caring for the parent), and the reasons behind the deceased's decision to exclude or limit provision for the child.
Under section 4 of the I(PFD)A 1975, a claim must be issued within 6 months of the grant of probate or letters of administration. This is a strict deadline.
To monitor when the grant is issued — particularly if you are not in contact with the estate's executors — enter a standing search at the Probate Registry. See our guide on standing searches in probate.
If you want to prevent the estate being distributed before your claim is resolved, enter a caveat — see our guide on how to enter a caveat.
For the broader contentious probate picture, see our introduction to contentious probate and our guide on costs in contentious probate.
For the UK administration generally, see our estate administration checklist and our complete UK probate guide.
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