Inheritance & Estranged Adult Children
Deciding how to handle inheritance with estranged adult children involves legal considerations and emotional challenges. Wills & Probate Solicitor, Matt Kelly discusses various case studies relating to the matter in his recent blog….
It is now approaching nearly ten years since the final decision in the landmark case of Ilott -v-Mitson 2015 for people leaving Wills making no provision for adult children.
The case of Dignam-Thomas & Another v McCourt 2023 provides another opportunity to review the approach of the courts when dealing with a claim by adult children under the Inheritance (Provision for Family & Dependants) Act 1975 (‘the Act’).
The Act allows certain classes of individuals to bring a claim for reasonable financial provision from an estate of a deceased person, where it was not otherwise provided – either under a Will or the Rules of Intestacy. One class of potential claimant is the child or children of the deceased.
In the case of Dignam-Thomas & Another v McCourt 2023 the claimants were the two daughters of the deceased aged 68 and 61 respectively. The deceased left his entire estate, including his property, to his son (with whom he shared his property with). However, the Court found that the deceased had provided significant financial support to both the daughters over several years and that they, in turn, had provided support to him.
The Court awarded one daughter £70,000 and the other £90,000, with son receiving the balance of £176,000. As such, the son received just over half of his father’s estate as opposed to the entire estate which had been left to him under the Will. The Court said that the lack of estrangement and the financial needs of the daughters (one of whom had significant health issues) both played a part in the judgement.
It is quite common where significant provision has been made for an adult child during the testator’s lifetime for people to have the mindset that an adult child has ‘received their share of any inheritance already’.
However, a claim by an adult child in these circumstances could potentially be strengthened where the testator has financially supported the adult child and where the adult child can demonstrate a link between this support and an ongoing or future financial need.
How Can Timms Help?
Professional advice should be sought if you are considering making unequal or limited provision for adult children and it may be that it is appropriate to prepare a statement setting out your reasons which can be produced to the court should an adult child ever make a claim under the Act.
To discuss how your Will, or prospective Will, might be impacted by the Act, please contact me on 01283 214231 or at m.kelly@timms-law.com
March 2024