As an adult child, you may be able to challenge a parent's will or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

A will challenge argues that the will is not legally valid. An Inheritance Act claim applies where the will is valid but has failed to make reasonable financial provision for you. Adult children have no automatic right to inherit from a parent's estate in England and Wales, but the 1975 act provides a route for adult children to seek financial provision in qualifying circumstances.

Here, the contentious probate solicitors at Switalskis explain what adult children can do to challenge a will, and advise what legal routes you can use to pursue a claim.

On what grounds can you challenge a will?

You cannot challenge a will just because you disagree with your parent's decision. You need a recognised legal basis and sufficient interest in the estate. Our guide to who can contest a will explains who may have standing to bring a challenge.

Potential grounds include:

• Lack of testamentary capacity: the person making the will did not have the mental capacity to understand what they were doing.
• Undue influence or coercion: someone pressured or manipulated the deceased into making or changing the will.
• Lack of valid execution: the will was not signed or witnessed in accordance with the legal requirements.
• Lack of knowledge and approval: the deceased did not understand or approve the contents of the will.
• Fraud or forgery: the will, signature or circumstances in which it was prepared were fraudulent.

Where there is a genuine validity dispute before probate, a caveat may be appropriate to stop a grant being issued temporarily. A caveat is a formal notice entered at the Probate Registry that prevents a grant of probate from being issued while the dispute is investigated. It is not normally a substitute for an Inheritance Act claim, so take advice before lodging one.

Can an adult child make an Inheritance Act claim?

Adult children are expressly included among the people who can apply under the Inheritance (Provision for Family and Dependants) Act 1975 .

You do not have to prove financial dependency to make a claim if you are the child of the deceased. However, eligibility does not mean the claim will succeed. The court must decide whether the will or intestacy rules failed to make reasonable financial provision for you.

For adult children, the question is what financial provision would be reasonable for maintenance, rather than what would be fair or equal between family members.

This is why Inheritance Act claims by adult children usually turn on the claimant's financial circumstances, their relationship with the deceased and the competing needs of other beneficiaries.

What does reasonable financial provision mean for adult children?

For adult children, reasonable financial provision under the 1975 act means money that is reasonable for their maintenance. The court cannot rewrite a will because one child received less than another or because the deceased's choices seem unfair, but aims to provide a fair inheritance based on your financial position.

Maintenance is not limited to basic survival, but the focus remains on financial need. The court may consider:

• your income and earning capacity
• housing needs and regular living costs
• debts and other financial commitments
• whether you have a low income or limited financial resources
• any physical or mental disability that affects your needs or ability to work
• financial support the deceased provided during their lifetime
• the size and nature of the deceased's estate.

Adult child claims are highly fact-sensitive, particularly where adult children have complex financial or family circumstances. Genuine financial need can strengthen a claim, but it is not considered in isolation.

What factors will the court consider in an adult child claim?

The court considers all the circumstances when deciding whether reasonable financial provision has been made. Relevant factors include:

• the applicant's current and foreseeable financial resources and needs
• the financial resources and needs of other applicants and beneficiaries
• any obligations or responsibilities the deceased had towards the applicant or other beneficiaries
• the size and nature of the net estate
• any physical or mental disability affecting the applicant or another beneficiary
• the relationship between the adult child and the deceased
• any other relevant circumstances, including conduct where appropriate.

There is no fixed formula. Adult children with significant financial needs may still face competing claims from a surviving spouse, minor children or other beneficiaries.

Does being financially independent prevent an adult child from claiming?

Financial independence does not automatically prevent adult children from bringing a claim under the Inheritance Act.

However, a financially independent adult child with adequate income, housing and assets may find it harder to show that reasonable financial provision was not made. Testamentary freedom remains important, and the court will consider the deceased's wishes alongside the claimant's circumstances.

Does estrangement prevent an adult child from making a claim?

Estrangement does not automatically prevent adult children from making a claim, but it can be an important factor when the court decides whether reasonable financial provision should be made and what that provision should be.

The court may look at how long the estrangement lasted, why the relationship broke down and whether the deceased continued to provide financial support. A long period without contact can weaken a claim, but the reasons for the estrangement matter.

If you were estranged from your parents and are considering an Inheritance Act claim, you should speak to the specialist solicitors at Switalskis. We will assess how the history of the relationship could affect your position, and advise on your next steps.

What evidence can support an adult child Inheritance Act claim?

For adult children, claims for financial provision depend heavily on evidence of financial position, needs and the relationship with the deceased. Useful evidence includes:

• bank statements and savings records
• payslips, benefit records or pension information
• a breakdown of regular income and expenditure
• mortgage, rent and other housing costs
• details of debts and liabilities
• medical evidence where health problems or disability affect your finances or daily living
• records showing financial support previously provided by the deceased
• correspondence, messages or witness evidence showing the nature of your relationship

Our Inheritance Act claims solicitors can identify the evidence that matters and present your circumstances clearly.

Why are some adult child Inheritance Act claims unsuccessful?

Unsuccessful Inheritance Act claims involving adult children often fail because the 1975 act requires the court to consider the whole picture and the evidence does not show that greater provision is needed for maintenance, or because other statutory factors weigh against an award.

Adult child claims may be weaker where the claimant:

• is financially independent and has no substantial unmet financial need
• cannot provide clear evidence of their income, expenditure or other needs
• had a long period of estrangement from the deceased, depending on the reasons for it
• is seeking a share of the estate based mainly on a sense of moral entitlement
• faces competing claims from beneficiaries with greater financial or care needs.

The size of the estate also matters. Even where there is genuine financial need, the court must consider the resources available and the effect of an award on other beneficiaries. A solicitor can assess these risks before proceedings are issued.

How long does an adult child have to make an Inheritance Act claim?

An Inheritance Act claim should usually be issued within six months of the date of the grant of representation. This will be later than six months from the date of death, so it is important to determine the deadline accurately to avoid missing your chance to claim.

The court can permit a late claim, but this should not be relied on. Delay can also create problems if the estate has been distributed.

Different rules apply to challenges to a will's validity, so the six-month Inheritance Act deadline does not apply to every probate dispute. Our contentious probate team can identify the relevant route and deadline.

Can you challenge a will and make an Inheritance Act claim?

You may initially explore both a challenge to the validity of a will and a potential claim under the Inheritance Act. However, the two routes are different. An Inheritance Act claim proceeds on the basis that the will is valid, whereas a will challenge argues that the will should not take effect.

It is common for someone to investigate whether there are grounds to challenge a will before deciding instead to pursue an Inheritance Act claim for reasonable financial provision. For example, the available evidence may not be strong enough to support a challenge to the will's validity, but the circumstances may support an Inheritance Act claim.

Ultimately, you would need to decide which route to pursue. Our solicitors can assess the evidence, explain the options available and advise which type of claim is appropriate. See our contesting a will service for more information.

What can the court award if an adult child's claim succeeds?

If adult children successfully show that reasonable financial provision was not made, the court has several options under the 1975 act.

Depending on the circumstances, the court can order a lump sum, periodic maintenance payments, a property transfer or property to be settled for the applicant's benefit.

For adult children, the purpose of the act is reasonable provision for maintenance, not a fixed percentage of the residuary estate or equal inheritance between children.

How Switalskis can help with an adult child inheritance claim

If you have been excluded from a parent's will or believe you have been inadequately provided for, the first step is to establish which legal route applies. Our contentious probate solicitors can assess both the validity of the will and your position under the Inheritance Act.

We can review the will and earlier documents, assess your financial circumstances, gather evidence and advise on the strength of adult child claims. Switalskis can also deal with executors and beneficiaries, negotiate a settlement and represent you in court where needed.

Early advice is particularly important because of the six-month Inheritance Act time limit and the risk of the estate being distributed.

To speak to our team about challenging a will or making a claim for reasonable financial provision, call 0800 138 0458 or contact us through the website .