Are adult children automatically entitled to inherit from their parents?

It is a common misconception that adult children are automatically entitled to part, if not all, of their parent’s estate on their parent’s death, assuming that the other parent has already died. However, this is not necessarily the case. The rule is that should a parent not make ‘adequate’ financial provision, the child can then make a claim under the Inheritance (provision for Family and Dependants) Act 1975.

Factors the Court will consider

The Court will consider the following factors when contemplating a claim by an adult child:

• The present and future financial needs of the applicant, any other applicant or beneficiary;
• Any obligations and responsibilities which the deceased had toward the applicant and beneficiaries;
• The size and nature of the estate;
• Any disabilities of the applicant or beneficiary; and
• Any other relevant matter including the conduct of the applicant.

What this means is that a claim by a financially independent adult child will likely fail unless there is ‘something more’.

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The Case of Ilott

An example of ‘something more’ is the case of Ilott -v- Blue Cross and Others. The case concerned the Will of Mrs Jackson, which was contested by her estranged daughter, Mrs Illot.

In her Will, Mrs Jackson left the majority of her estate to various charities, leaving nothing to her daughter. She had also written letters of wishes, explaining why she had made the decision to leave her daughter out of the Will. Mrs Illot also had no real expectation that she would benefit from the estate.

Ilott is an interesting case for a number of reasons, which will be expanded on in another article. The key points however are that the Court granted Mrs Ilott £50,000 out of the estate, not least due to the finding by the Court that the estrangement was due to the deceased’s unreasonable behaviour and that Mrs Ilott was in poor financial circumstances.

The Court also considered that:

• Testamentary freedom should not be disregarded lightly;
• ‘Maintenance’ should be limited to the ordinary cost of living;
• Behaviour of the parties and reasons behind the estrangement are legitimate concerns; and
• Gifts to charities should be respected.

Why Choose Fraser Dawbarns?

We can provide you with clear advice on what to if you believe you have a claim or if you are the Executor of a Will and need advice on defending the Will.

With offices in Wisbech, King’s Lynn, Downham Market, March and Ely, we will always be close by should an urgent issue arise, or if you need to sign something at short notice. If you are unable to visit one of our offices, let us know, and we will be happy to come and see you at home.

If you consider that you have a claim under the Inheritance (provision for Family and Dependants) Act 1975 please contact the Dispute Resolution department on 01945 461456.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483
Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP is always happy to provide such advice.