Estranged children: how to challenge a will if disinherited

Estrangement is not an Automatic Bar

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.

The Court isn’t there to judge Character

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?

Real-Life Examples

In Ilott v Mitson (2017), the Supreme Court reduced an award to an estranged daughter who had lived independently for decades and had no expectation of an inheritance. The mother’s wish to leave her estate to charity was upheld, though the daughter still received a modest sum due to her financial hardship.

In Miles v Shearer (2021), two adult daughters were left nothing. They had been estranged from their father and had previously received substantial gifts. Their claims were rejected entirely. The Court found that, in the circumstances, the father owed them no continuing obligation.

But in Nahajec v Fowle (2017), a daughter who had tried unsuccessfully to reconcile with her father was awarded £30,000. Her financial need and her efforts to repair the relationship influenced the outcome.

Key Takeaway

If you’re thinking of making a claim, understand this: estrangement is one part of a complex picture. It may strengthen or weaken your case, but it’s rarely decisive on its own. What matters is how your financial needs, the size of the estate, the wishes of the deceased, and the relationships between everyone involved stack up in the court’s balancing exercise.

The Court’s focus is fairness, not fault. It doesn’t rewrite wills because someone was unkind, and it doesn’t reward virtue. It looks at need, reasonableness, and context. Nothing more, nothing less.

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.

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