Adult Children: Can You Still Claim Under the Inheritance Act?

Many adult children believe they have no rights once a parent dies, especially if they’re financially independent or estranged. But that’s not always the case. If you’ve been left out of a Will or the inheritance you received doesn’t meet your needs, you may still have options.

Under the Inheritance (Provision for Family and Dependants) Act 1975, adult children can make a claim for reasonable financial provision, but it’s not automatic. The Court will look at your situation carefully, especially your financial needs.

Let’s explore when and how adult children can claim, what factors matter most, and how the law has developed in recent years.

Are Adult Children Eligible to Claim?

Yes - adult children are eligible to apply under the Inheritance Act. But eligibility isn’t enough. You must prove that the Will (or the intestacy rules) failed to make reasonable provision for you.

The Court focuses on need, not entitlement. If you’re financially secure, your claim may be harder to justify. But if you’re struggling due to illness, caring responsibilities, or low income, you could have a strong case.

How Does Financial Independence Affect Your Claim?

If you're financially self-sufficient, the Court may question why the estate should support you. But that doesn't mean your claim will fail. Courts look at the bigger picture:

• Do you have debts or housing issues?

• Are you on a low income or unable to work?

• Did you expect help or support from the deceased?

In many successful cases, adult children were independent but still financially vulnerable and the Courts stepped in to make provision.

Does Estrangement or Lifestyle Choice Matter?

Being estranged from the deceased doesn’t automatically prevent you from making a claim. Nor does it guarantee success. The outcome will always depend on the specific facts of the case. Estrangement may have no impact, it may reduce the size of any award, or it can be fatal to a claim altogether.

What matters is how the Court balances several competing considerations: the wishes of the deceased, the financial needs and resources of the applicant and the needs of the beneficiaries of the estate. This is a fact-specific exercise, not a moral judgment.

What often surprises people is this: the Court isn’t there to decide who was right or wrong, or whether the deceased or the applicant was a ‘good’ person. It isn’t there to punish poor parenting or reward children for moral virtue. It also doesn’t exist to repair broken relationships or resolve long-standing family tensions.

Instead, the Court’s job is to ask one simple question: has the will failed to make reasonable financial provision for this person, based on their needs and the circumstances of the case?

Likewise, your lifestyle choices, such as refusing employment or living beyond your means, can influence the Court’s decision. If your financial need results from voluntary choices, the Court may reduce or refuse an award.

What Evidence Do You Need to Make a Claim?

Strong evidence is crucial. You’ll need to show:

• Detailed financial statements (income, outgoings, debts)

• Your living arrangements and housing costs

• Your relationship history with the deceased

• Any support (financial or emotional) you received during their lifetime

The better the evidence, the stronger your claim.

What Might the Court Award?

There’s no set formula. Awards vary depending on:

• The size of the estate

• The needs of other beneficiaries

• The quality of evidence provided

Provision may include:

• A lump sum to pay debts or secure housing

• Monthly maintenance payments

• Contributions to education or care costs

Act Quickly. There Are Strict Time Limits

You usually have six months from the date probate is granted to bring a claim under the Inheritance Act. Don’t wait.

How Forbes Can Help

At Forbes Solicitors, we specialise in inheritance claims, including those made by adult children. We’ll give you straight-talking advice on whether you have a viable case, and we offer no win, no fee options where appropriate.

If you're struggling financially after a parent's death, get in touch today for a free, no-obligation consultation.

You may still have rights under the law - let’s find out where you stand.