Caring for Disabled Children and Inheritance Claims: The Key Lessons from McDaniel v Talbot [2026]

Can Caring for Disabled Children Affect an Inheritance Claim?

A recent High Court decision has reinforced the courts’ willingness to take a realistic and practical approach when assessing inheritance disputes, particularly where caring responsibilities are involved.

The case is especially significant for adult children who have been excluded from a Will but are responsible for the long-term care of disabled children or dependants.

Understanding the Inheritance Act 1975

The Inheritance Act 1975 allows certain categories of people to bring a claim where a Will (or intestacy) fails to make reasonable financial provision for them.

Eligible applicants include:

• spouses and former spouses;

• children;

• cohabitants; and

• individuals financially dependent on the deceased.

For adult children, however, claims are often more challenging. There is no automatic right to inherit from a parent, and the Court will only intervene where there is clear financial need or other compelling circumstances.

The Importance of McDaniel v Talbot & Anor [2026]

In McDaniel v Talbot & Anor [2026] EWHC 928 (Ch), the Claimant, an adult daughter, had been largely excluded from her father’s estate.

What distinguished this case was her role as the primary carer for two disabled children with lifelong needs. The Court accepted that these responsibilities were central to understanding her financial position and whether the Will made reasonable provision.

Impact on Earning Capacity

A key issue in the case was the Claimant’s ability to work. The Court acknowledged that her caring responsibilities significantly restricted her capacity to pursue stable or full-time employment.

Importantly, the Judge accepted that:

• her earning capacity was materially reduced;

• her financial circumstances had to be assessed realistically; and

• it was not reasonable to expect her to simply increase her income.

This is particularly notable, as defendants in such cases often argue that adult children should improve their financial position through employment. The judgment recognises that, in cases of intensive care, this may not be feasible.

The Financial Reality of Caring for Disabled Children

The Court also considered the broader financial pressures faced by families caring for disabled children. These often include privately funding essential support services such as therapy, educational assistance, and specialist care.

While support may exist in principle, the Court accepted that, in practice, it is often delayed, insufficient, or unavailable. As a result, the claimant’s financial needs were both genuine and long-term.

Caring Responsibilities as a Central Factor

Crucially, the Court did not treat the Claimant’s situation as a secondary consideration. Instead, her caring role was fundamental to assessing:

• her financial vulnerability;

• her future needs;

• her housing situation; and

• her ability to build financial security.

The judgment also recognised that long-term caring responsibilities can prevent individuals from accumulating savings, pensions, or other forms of financial stability.

Why This Matters for Inheritance Disputes

This decision is likely to have broader implications for inheritance disputes, particularly those involving:

• adult children excluded from Wills;

• parents caring for disabled or autistic children;

• reduced earning capacity due to care commitments; and

• ongoing financial hardship linked to long-term care.

It demonstrates a shift towards a more practical and compassionate assessment of financial need, rather than a narrow focus on income alone.

Each Case Depends on Its Facts

Despite its significance, the case does not change the fundamental principles of the law. Each claim will still be assessed on its individual facts, including:

• the size and nature of the estate;

• the needs of other beneficiaries;

• the claimant’s financial circumstances; and

• the relationship between the parties.

Nevertheless, the decision highlights that caring responsibilities can play a decisive role in the Court’s evaluation.

Time Limits Apply

It is important to note that strict time limits apply to claims under the Inheritance Act 1975. In most cases, proceedings must be issued within six months of the Grant of Probate.

Early legal advice is therefore essential to preserve any potential claim.

How Forbes Solicitors Can Help

Our specialist Contentious Probate team advises clients on a wide range of inheritance disputes, including claims under the Inheritance Act 1975, adult child claims, and cases involving disabled dependants or vulnerable beneficiaries.

If you believe you have been unfairly excluded from a Will, we can help you assess your options and the strength of any potential claim. For more information or to arrange a consultation call 0800 689 3607 to speak with a member of our team.