Can Adult Children Bring Inheritance Act Claims?

• Published date: 11 June 2021
• Subject Matter: Family and Matrimonial, Family Law, Wills/ Intestacy/ Estate Planning
• Law Firm: Boyes Turner
• Author: Ms Ally Tow

It is often considered by many practitioners to be the case that adult children cannot bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975 ("the Act"). This is often because in practice many adult children have found their own way in life and have no ongoing need for financial assistance. However, the fact that the child is an adult child does not of itself prevent that child from bringing such a claim - the question for the court to consider is whether a will (or intestacy) provides reasonable financial provision for the applicant's maintenance. This was the question the court had to consider in the recent case of Rochford v Rochford [2020].

The claim

The claimant, Lynne made a claim under the Act against the estate of her late father, Kenneth. The defendant to the action was Kenneth's sister, Ilva.

Kenneth made a will dated 13 September 2017 which named Ilva as executrix and, other than some dispositions to Lynne (in the sum of '25,000.00), his other sister, Felicity and Lynne's son, James, left the residuary of his estate, valued at approximately '245,000.00 to Ilva.

Factual background

Kenneth was born in 1934. He separated from Lynne's mother, Jennifer in 1968 after which Lynne (whose evidence in this respect was accepted by the judge) had a difficult, even abusive relationship with her father.

In about the mid-1990s Lynne entered into a relationship with her former partner, Jon who had a young daughter, Leila by a previous relationship who Lynne treated as her own daughter. She is now in her early 30s. At about the same time, Kenneth entered into a new relationship with a woman called Audrey.

In 1998 Lynne gave birth to her son, James. At the time she enjoyed a good standard of living and had a reasonably well paid job. However, she was developing spinal degenerative disease and so in about 1999 she gave up work. Following extensive testing, insurers accepted that she was unable to work. Since then she has lived principally on the proceeds of an income protection scheme.

In about 2004, Lynne and Jon separated. He continued to provide for James, including the payment of school fees.

In about 2011 Kenneth made a will leaving a life interest to Audrey and his residual estate to Lynne. At about the same time, he also moved back to England having spent some years living in France. He purchased a house in Lincolnshire near to where Ilva lived.

In March 2017 Kenneth made a further will leaving his residual estate to Ilva or Lynne if she pre-deceased him. In April 2017...