Are you an adult child excluded from a parent’s Will? What to do next
An adult daughter left out of her estranged father’s Will has been awarded £125,000 from his estate after a court heard how their difficult relationship contributed to her struggles with bulimia, body dysmorphia and subsequent financial difficulties.
The claim, under the Inheritance (Provision for Family and Dependants) Act 1975, is one of a growing number of successful claims brought by estranged adult children illustrating that although the awards made are often relatively modest, financial provision may be approved if a legitimate need is shown.
Wards Solicitors’ specialist Contentious Trusts and Probate Team, experts in the Inheritance (Provision for Family and Dependants) Act 1975, can advise you on the complexities of inheritance law when it comes to contesting or defending a Will and the critical time limits that apply.
What happened in this Inheritance Act dispute?
Broadcasting entrepreneur Roger Howe, 55, died after a fall from a second-floor window in 2020 leaving an estate valued at just over £1.4 million.
He had excluded his only daughter, Jenna, who he’d repeatedly described as ‘lazy’, ‘useless’, ‘greedy’ and ‘addicted to drugs’, from his Will and instead left everything to his mother, sister and nephews
Jenna, aged 37, brought a claim for £450,000 under the Inheritance Act 1975 seeking reasonable financial provision for her maintenance.
She contested the Will on the basis that she had been emotionally abused and neglected by her father.
Her barrister James McKean told Judge Mark Raeside KC: “Roger's conduct weighs heavily in this case.
“She now recalls several occasions on which he would belittle her, including one where he weighed her in front of a lodger.
“His treatment of Jenna as a child and young adult has shaped the rest of her life, and a direct link can be drawn between that and her need for financial provision.”
What did the court decide in this adult child Inheritance Act battle?
The judge agreed that Roger Howe’s Will did not provide reasonable financial provision for Jenna and awarded her £125,000 to be held on discretionary trust.
He found Jenna’s health issues, which prevented her from working, were convincing reasons for provision although he did turn down her request for help with accommodation as the local authority already funded it.
The award was set out to:
- Pay Jenna’s debts.
- Fund essential purchases like a car.
- Provide for her health needs including therapy and breast implants, related to her body dysmorphia, to improve her confidence.
- Provide a £75 weekly maintenance payment for the next 10 years.
Get in touch
If you want to contest or defend an Inheritance Act claim, please contact Wards Solicitors’ Contentious Trusts and Probate Team.
Our lawyers are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP), The Association of Lifetime Lawyers (previously Solicitors for the Elderly) and the Law Society’s Probate Panel. All demand an elevated level of expertise and up to date knowledge from their members.
Wards Solicitors has recently been named Regional Law Firm of the Year by Bristol Law Society and our Wills, Probate and Mental Capacity team has scooped the Devon and Somerset Law Society’s Private Client Team of the Year.
We are also praised by the Legal 500 Guide 2025 for our extensive probate disputes presence across the South West advising on contentious estate administration matters, Court of Protection issues and challenges to the validity of Wills with a large roster of clients.
Elizabeth Fry is highlighted as a key lawyer, praised for her ‘diligent and thorough' approach to a wide range of disputes related to mental capacity issues, as well as in claims under the Inheritance Act 1975.