Can an Estranged Adult Child Contest a Will?
Being estranged from a parent does not automatically mean being shut out of their estate. A recent High Court decision has clarified that adult children may still be able to challenge a Will if they can demonstrate real financial need, shifting the focus away from family conflict and onto practical vulnerability and support.
Published: December 16th, 2025
3 min read
Many people believe that if an adult child is estranged from a parent, they have no right to challenge a Will. That is wrong.
The High Court decision in Howe v Howe (2025) confirms that an estranged adult child can still bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, provided they can show genuine financial need.
Estrangement does not automatically defeat an inheritance claim. Need is what matters.
The Facts of Howe v Howe (2025)
In Howe v Howe, an adult child was completely excluded from their parent’s Will following a long-standing estrangement.
The Claimant brought a claim under the Inheritance Act 1975, arguing that the Will failed to make reasonable financial provision.
The evidence showed that the Claimant :
Had serious health problems
Had a limited ability to work
Lived on low income with minimal savings
Could not meet basic living costs without assistance
The estate was large enough to make provision without causing undue hardship to the beneficiaries.
What Does the Court Consider in Inheritance Act Claims?
When deciding whether an adult child can contest a Will, the Court does not decide who was morally right or wrong.
Instead, it focuses on practical, financial issues, including:
The Claimant’s income, assets, and debts
Their health and earning capacity
Whether they can reasonably support themselves
The size of the estate
The needs of the beneficiaries
The deceased’s reasons for excluding the Claimant
In Howe v Howe, the Court accepted that estrangement was relevant but it did not outweigh clear evidence of financial need and vulnerability.
The Outcome
The Court found that the Will failed to make reasonable financial provision.
An award of £125,000 was made in favour of the estranged adult child.
Why Was the Award Put Into a Trust?
The Court ordered that the money be placed into a discretionary trust, rather than paid outright.
This was done to:
Protect the Claimant’s long-term financial security
Ensure the money was used for genuine living and care needs
Reduce the risk of the funds being spent too quickly or mismanaged
Allow flexibility if the Claimant’s circumstances changed
Balance the Claimant’s needs against the beneficiaries’ interests
The Court was providing support - not a windfall.
What This Means for Adult Children
The message from Howe v Howe is clear:
An estranged adult child can still contest a Will
Claims under the Inheritance Act 1975 are based on need, not fairness
Emotional arguments are weak without financial evidence
Health problems, disability, and inability to work can be decisive
Every case turns on its facts. Strong evidence matters.
Get Advice on Contesting a Will
Inheritance Act claims are subject to strict time limits, usually six months from the date of the grant of probate.
At Forbes Solicitors, we specialise in contested Wills and inheritance disputes, including claims by estranged adult children. We offer clear advice, realistic prospects assessments, and no-win, no-fee options where appropriate.
If you have been left out of a Will and are struggling financially, contact us for a confidential, no-obligation discussion.
For further information please contact John Lambe
