The simple answer to this question is, yes. Grown up children are entitled to make an inheritance claim agaist their parents, as this case study shows.
Mrs C brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that the Will of her late father, Mr C, failed to make reasonable financial provision for her maintenance. She received nothing under her father’s Will as his daughter, the entire estate passing to one of her sisters, Mrs A.
Accompanying the Will was an undated letter of wishes in which Mr C expressly excluded Mrs C from his estate.
It was Mrs C’s case that while she had been estranged from her father for many years, this was caused by her mother’s deceit and conduct. Mrs C made attempts at reconciliation but she said these had been rebuffed by her father after her mother’s death.
Mrs C therefore instructed us to bring an inheritance claim as a daughter against her father's estate.
Mrs C was in financial need which was a strong a factor in favour of an award of money from the estate. That said, her sister, Mrs A was also in financial need. The estate was very modest and Mrs A also made an an inheritance claim under the 1975 Act.
The fact that Mrs C was estranged from her father was not in itself a bar to her bringing an Inheritance Act claim
Mrs C’s claim was resolved through negotiation on the basis that she received a four figure settlement, plus her legal costs. This was a sensible approach to take as four different firms of solicitors were involved in the inheritance dispute and the legal costs were at risk of consuming the entire estate.
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