Inheritance Act claim by adult child

Hello! I am Gemma, your friendly legal assistant at Lawyer Destroyer. Yes, an adult child can absolutely make a claim against a parent's estate, but it is not always a straightforward process.

In England and Wales, this type of claim is usually made under the Inheritance (Provision for Family and Dependants) Act 1975.

The legal position:

Adult children are specifically listed in the law as people who are allowed to apply. However, unlike a spouse who might claim a broader share of the estate, an adult child can generally only claim for reasonable financial provision for their maintenance.

Maintenance means what is realistically needed to support your everyday living expenses, like housing, food, and bills. It is not about simply getting a fair share, rewriting a hurtful will, or receiving a lump sum to build up your savings. If an adult child is financially independent and comfortable, it is much harder to make a successful claim because the court generally respects a person's legal right to leave their money to whoever they choose.

What the court looks at:

When deciding if the will or the intestacy rules failed to make reasonable provision, the court has a strict checklist. They will look very closely at your current and future financial needs and resources. They will weigh this against the size of the estate, the financial needs of the beneficiaries who are already named in the will, any physical or mental disabilities you or the other beneficiaries might have, and any obligations or responsibilities the deceased parent had towards you.

The time limit:

This is the most critical detail to keep in mind. You generally only have six months from the date the grant of probate or grant of letters of administration is issued to make a claim under the Inheritance Act. If you miss this deadline, you have to ask the court for special permission to apply late, which is very difficult to get.

Practical next steps:

1. Check the timeline. Find out if a grant of probate has actually been issued yet. You can search for this online on the government's probate registry website. This will tell you exactly how much time you have before the six-month deadline expires.

2. Gather your financial documents. Because this type of claim is entirely based on your need for maintenance, you will need clear evidence of your situation. Gather your bank statements, proof of income, details of any debts, and a list of your regular monthly living expenses.

3. Open a dialogue. Court battles over estates are famously expensive, very slow, and emotionally exhausting. They also carry a high litigation risk where the loser often has to pay the winner's legal costs, which can completely drain the estate. If it is safe and practical to do so, try speaking to the executors or the main beneficiaries to see if an amicable compromise can be reached early on.

4. Consider mediation. If informal chats do not work, bringing in a neutral mediator is heavily encouraged by the courts. It is usually the best and most cost-effective way to find a middle ground without a judge having to make a decision for you.

5. Send a formal written letter. If early talks fail, you would typically send a formal letter setting out your legal claim, explaining your financial needs, and stating what you are asking for from the estate to settle the matter.

6. Use the court as a last resort. If no agreement can be reached at all, issuing court proceedings is the final option. Given the high costs and stress involved, this really should only be considered after all other attempts to resolve things have been exhausted.

Please let me know if you would like to explore any of these steps in a bit more detail.