Making an Inheritance (Provision for Family and Dependants) Act claim as an adult child of the deceased.
Sharnie Jenkins looks at one of the most frequently asked questions that people contact our free inheritance helpline about: ‘Can a child bring a claim against their parent’s estate?’ If you would like a member of our team to provide a free assessment of your case and details of no win, no fee funding then contact our free inheritance helpline today.
The simple answer to this popular question is, ‘yes’, a child can make an Inheritance Act claim against their parent’s estate, and this remains the case even if the child is an adult.
Minor children (ie those below the age of 18) have always enjoyed a high degree of protection under the Act where a parent dies without making adequate financial provision for them. But the law will also step in to protect adult children who can establish financial need, and we have achieved many successful outcomes for children making a claim under the Inheritance (Provision for Family and Dependants) Act. You can read about some of these success stories on this website. They include:
- A son who won his Inheritance Act claim against his father’s estate.
- The daughter of a man who was living a double life.
- A daughter who was disinherited by her father.
- A son who challenged his mother’s Will.
- A son who proved paternity and succeeded against his father’s estate.
- Two sisters who claimed against their dad’s estate.
This is just a brief sample of the many successes our experienced team has enjoyed.
The courts have recently reinforced the legal principle that adult children can claim against their paren’s estate in the case of Fennessy v Turner. It involved the estate of the late Hazel Fennessy who passed away in February 2020. The claimant, Patrick Fennessy was her only living child at the time she died. Mrs Fennessy’s daughter, Heidi, had predeceased her by around six weeks.
Under the terms of Mrs Fennessy’s Will, Heidi was due to inherit the entirety of the estate. The Will went on to state that if Heidi predeceased her, the estate was to pass to Mrs Fennessy’s friend, June Turner.
Her son brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 which, as an adult child of the deceased, he was entitled to do. Under the terms of the Will, Patrick was not due to receive any financial provision from the estate, despite promises and assurances from his mother that he would inherit everything.
A negotiated settlement could not be reached, so the case went to trial.
Patrick was 60 years old at the time of bringing the claim and could show that he was in financial need, especially in respect of housing. He also had osteoarthritis which meant he was only able to be employed part-time. His earning capacity to support himself was therefore very limited.
Patrick’s Inheritance Act claim was successful. He was awarded around £195,000, plus his legal costs, to be paid by Mrs Turner personally. It was decided by the Judge that Patrick required financial assistance due to his poor financial circumstances. The Judge commented:
“Although Patrick is an adult son, I do not consider, in the light of his current resources and limited earning capacity, that he can presently be said to be capable of living independently…”.
Mrs Turner sought to appeal the Judge’s decision on five grounds which have all been dismissed.
If you would like to discuss your case with one of our Inheritance Act solicitors or need further guidance on the question, ‘Can a child bring a claim against their parent’s estate?’ then please contact our free legal helpline. We offer a free case assessment service and will be happy to consider No Win, No Fee funding.