The Inheritance (Provision for Family and Dependants) Act 1975
Under the law of England and Wales, a person is generally free to leave their estate to whomever they choose. However, this can lead to situations where a person who would reasonably expect to inherit receives very little or nothing at all.
The provisions in the Inheritance (Provision for Family and Dependants) Act 1975 can operate as a mechanism to redistribute estate assets to make ‘reasonable provision’ for people left out of a will or who do not inherit under the intestacy rules.
The Inheritance Act 1975 cannot rewrite a person’s Will, nor does it seek to make distribution of the estate ‘fair’, it is specifically designed to alleviate hardship and provide maintenance for the Claimant.
The case in brief
McDaniel v Talbot was heard in the High Court in April 2026. The testator left the whole of his substantial estate to his wife. The Claimant was the testator’s daughter and had been estranged from her father, but in the last 3 years of his life, they were reconciled. Additionally, the Claimant was living under constrained personal circumstances. These factors circumstances combined to make the conditions for a successful claim.
Requirements for adult child claims
Under section 1(c) of the Inheritance (Provision for Family and Dependants) Act 1975, children of the deceased are a class of people entitled to make claims under the Act.
However, where the child is an adult, courts generally look for additional reasons why provision should be made under the Inheritance Act 1975. This is because an adult child is usually able to work and earn sufficient money to live on and often not as financially dependent on the deceased.
For a successful claim, adult children will need to demonstrate ‘something extra’ to satisfy a court that making an award under the Inheritance Act is reasonable, taking the circumstances of all parties into account. This could be a moral obligation, ie a promise made by the Deceased, or something more practical, such as a disability or health need.
The case in focus
The Deceased was Mark, who had built a successful business. Mark was married to Rosemary, they had two children together. On Mark’s death, Rosemary inherited the whole estate. Mark’s 2014 Will contained a clause which specifically excluded his two children from a previous relationship, Emma and Rhys on the basis that they were estranged.
However, between 2019 and his death in 2022, Mark and Emma were reconciled, and Emma spent considerable time caring for Mark and his elderly mother, Barbara as well as her own two children who both have significant disabilities. Emma also suffers from significant health issues.
Mark and Rosemary were comfortable financially, while Emma lived in cramped conditions, and her income was an almost identical amount to her outgoings.
The court found that Emma should be awarded reasonable provision under the Inheritance Act 1975. Her personal circumstances made her a ‘necessitous claimant’ and an award of 8.2% of the estate was designed to take her out of subsistence-level financially and offer a cushion for unforeseen expenditure with some luxuries for herself and her children. This award was considered sufficient for Emma, without compromising Rosemary’s standard of living.
The judge noted that whilst Emma and Mark were estranged for most of Emma’s life, the more recent relationship that they had developed made Emma a central figure in Mark’s life and wider family. This was sufficient to add a moral element to the claim and override the clause in his Will excluding any provision for her. Additionally, Emma’s own circumstances gave rise to the ‘something extra’ that is usually pivotal to a successful Inheritance Act 1975 by an Adult Child.
Lessons from the case
The case confirms that adult children can succeed in Inheritance Act 1975 claims, but that the claimant will need to demonstrate a need for maintenance in order to receive an award.
In addition, the case confirms that the circumstances of the Claimant, Defendant, and any other beneficiaries will be balanced to determine what reasonable provision for maintenance looks like in any given case. Further, the award of 8.2% demonstrates that where claims are made by adult children, courts are generally unwilling to redistribute estates to make very generous awards.
If you are an adult child worried about your position after a death, we can help you assess your options, engage with executors or beneficiaries, and pursue a fair, practical resolution.
If you think you may have a claim against an estate as an adult child, or are a defendant to such a claim, please get in touch to discuss your options.
Contact: Emma Walker e: Emma.Walker@DaviesandPartners.com Tel: 01452 612345
