Specialist Contested Probate and Inheritance Claim Solicitors
When someone makes a will in England or Wales, they are generally free to leave their estate to whoever they choose. However, that freedom is not unlimited. In some situations, children who have been excluded from a will, left a very small inheritance, or treated unfairly may be able to challenge the will or bring a claim against the estate. And so, the question often arises – can a child contest a will?
Disputes involving children and inheritance are among the most emotionally difficult probate cases. They often involve long-standing family tensions, second marriages, estrangement, stepfamilies, adoption issues, promises made during lifetime, or disagreements about care provided to a parent in later life.
At Bonallack & Bishop Solicitors, our specialist contentious probate solicitors advise clients throughout England and Wales on inheritance disputes involving:
- adult children
- estranged children
- disinherited children
- stepchildren
- adopted children
- children excluded from wills
- claims under the Inheritance (Provision for Family and Dependants) Act 1975
- disputed wills
- executor disputes
We offer clear, practical advice designed to resolve disputes as efficiently and cost-effectively as possible.
Thinking of contesting a will? Our highly experienced team offer FREE initial phone advice with no strings attached. Call on FREEPHONE 0800 1404544 now.
Can A Child Contest A Will In The UK?
Yes, it is possible. A child may be able to contest a will in England and Wales in certain circumstances.
There are several different types of legal claim that may arise, including:
- claims that the will itself is invalid
- claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
- claims involving undue influence or lack of mental capacity
- proprietary estoppel claims based on promises made during lifetime
Many people assume that children automatically inherit from their parents. That is not correct under English law.
A parent can legally leave their estate:
- to one child only
- to a new spouse or partner
- to charities
- to friends
- to stepchildren
- or to anyone else they choose
However, where the result is unreasonable or unfair, the court may intervene.
Can An Adult Child Contest A Will?
Yes, it is possible to. Adult children can contest a will.
This surprises many people. There is a common misconception that only financially dependent children can bring claims after a parent’s death. In reality, adult children can sometimes succeed in claims even where they are financially independent.
The leading legislation is the Inheritance (Provision for Family and Dependants) Act 1975. Under the Act, a child of the deceased can ask the court to award them reasonable financial provision from the estate.
The court will consider factors including:
- the size of the estate
- the financial needs of the claimant
- the financial needs of other beneficiaries
- the relationship between the parties
- any disabilities or health conditions
- contributions made by the child
- promises or expectations created during lifetime
- the conduct of the parties in some cases
Adult child claims can be legally complex. Courts do not simply rewrite wills because they seem unfair. Strong evidence is usually needed.
One important case was Ilott v The Blue Cross and Others [2017] UKSC 17, where the Supreme Court considered an adult daughter’s claim after she had been excluded from her mother’s will.
Can An Estranged Child Contest A Will?
In this context, estrangement means a breakdown or loss of the family relationship, often involving little or no contact over a long period. And, yes, estranged children can sometimes contest a will successfully. However, estrangement is often a major issue in these cases and can significantly affect the outcome.
The court will look carefully at:
- why the estrangement occurred
- how long it lasted
- whether attempts at reconciliation were made
- whether the child behaved unreasonably
- whether the parent had understandable reasons for exclusion
In some cases:
- estrangement may reduce the value of a claim
- it may defeat the claim entirely
- or it may have relatively little impact depending on the facts
No two cases are identical.
An estranged adult child who has genuine financial need may still succeed in obtaining an award from the estate, particularly where the estate is large and the exclusion appears harsh or unreasonable.
Can A Child Contest A Will If Excluded?
That’s another yes – a child who has been excluded from a will may be able to bring a claim.
Parents sometimes intentionally disinherit children, leaving the child no property in their will, for a number of reasons which include the following:
- family disputes
- second marriages
- concerns about money management
- lifetime gifts already given
- addiction issues
- estrangement
- influence from other family members
Some wills even contain express wording stating that a child is deliberately excluded. However, that doesn’t automatically prevent a claim.
A court may still consider the position, taking into account a number of factors including:
- whether reasonable financial provision has been made
- whether the child has financial need
- whether the exclusion was justified
- whether there were promises or expectations
- whether the deceased understood the consequences of exclusion
The existence of a carefully drafted will can strengthen the estate’s position, but it does not necessarily prevent litigation.
Can A Disinherited Child Contest A Will?
Again, the answer is yes. A disinherited child may be able to contest a will or bring an inheritance claim. However, there is an important distinction between:
• challenging the validity of the will itself
and
• accepting the will is valid but seeking financial provision from the estate
A disinherited child may argue that:
- the will was invalid
- the deceased lacked mental capacity
- there was undue influence
- the will was forged
- proper legal formalities were not followed
- or that the will failed to make reasonable financial provision
The legal requirements for valid wills are largely governed by the Wills Act 1837.
Can A Stepchild Contest A Will?
This is where the situation changes. Stepchildren do not automatically have the same inheritance rights as biological or adopted children. This is a very important area of law which often causes confusion in modern blended families.
A stepchild usually cannot inherit under intestacy rules unless legally adopted. However, a stepchild may still be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in some situations.
The court may consider:
- whether the deceased treated the stepchild as a child of the family
- the nature of the relationship
- financial dependency
- promises made during lifetime
- how long the relationship existed
- the extent of emotional and financial support provided
For example, a stepchild raised from infancy by the deceased may have a much stronger claim than a stepchild with limited involvement.
These claims are highly fact specific.
Can An Adopted Child Contest A Will?
Adopted children generally have the same legal inheritance rights as biological children. Under English law, adoption usually creates a full legal parent-child relationship. An adopted child may therefore:
- inherit under intestacy rules
- bring claims under the Inheritance (Provision for Family and Dependants) Act 1975
- challenge the validity of a will if appropriate
However, adoption can also affect inheritance rights involving biological parents and wider family members.
These situations can become particularly complicated where:
- adoptions occurred many years ago
- family relationships continued informally after adoption
- there are overseas elements
- there were step-parent adoptions
- inheritance expectations were created informally
Specialist legal advice is often important in these cases.
Can A Child Given Up For Adoption Contest A Will?
Potentially yes, but the legal position can be complicated.
Where a child has been legally adopted, inheritance rights from biological parents are often affected significantly.
However, there may still be situations where claims arise, particularly involving:
- financial dependency
- promises made during lifetime
- informal family relationships continuing after adoption
- proprietary estoppel arguments
- trusts or gifts
Each case depends heavily on its own facts.
Can An Illegitimate Child Contest A Will?
Yes. Children born outside marriage generally have the same legal rights as other children under modern English law. Historically, illegitimate children faced major inheritance disadvantages. That is no longer generally the case.
A child born outside marriage may still:
- inherit under intestacy rules
- bring claims under the Inheritance (Provision for Family and Dependants) Act 1975
- challenge a will where appropriate
However, disputes sometimes arise regarding proof of parentage or family relationships.
Can A Biological Child Contest A Will?
Yet again, the answer is yes – biological children can contest wills or bring inheritance claims in appropriate circumstances.
Being a biological child does not automatically guarantee success. The court will still consider:
- financial circumstances
- family relationships
- conduct
- competing claims
- the overall fairness of the situation
The court’s role is not simply to divide estates equally between children.
What Is “Reasonable Financial Provision”?
Many child inheritance claims are based on whether the will failed to make “reasonable financial provision”.
This does not necessarily mean:
- equal inheritance
- a guaranteed share of the estate
- or entitlement simply because someone is a child
Instead, the court looks at what is reasonable in the circumstances.
For adult children, the standard is usually:
such financial provision as would be reasonable in all the circumstances for the applicant to receive for their maintenance
That wording comes directly from the Inheritance (Provision for Family and Dependants) Act 1975.
In this situation, “maintenance” can include:
- housing needs
- income needs
- debts
- medical needs
- disability requirements
- reasonable living expenses
What If The Parent Lacked Mental Capacity?
Some children contest wills on the basis that the parent lacked testamentary capacity.
This commonly arises where the deceased suffered from any of the following:
- dementia
- Alzheimer’s disease
- severe mental illness
- confusion caused by medication
- cognitive decline
The legal test comes from the case of Banks v Goodfellow (1870).
Broadly speaking, the person making the will must:
- understand they are making a will
- understand the extent of their property
- understand who might reasonably expect to benefit
- not suffer from a disorder affecting their decision-making
Medical evidence is often crucial in these disputes.
What Is Undue Influence?
Undue influence occurs where somebody pressures or manipulates a vulnerable person into changing their will.
Examples may include:
- coercion by carers
- pressure from family members
- isolation from relatives
- dependency relationships
- emotional manipulation
These cases can be difficult to prove because direct evidence is often limited. However, suspicious circumstances may justify detailed investigation.
What Happens If There Is No Will?
If there is no valid will, the estate passes under what are known as the “intestacy rules”.
Biological and adopted children generally have inheritance rights under the intestacy rules.
However:
- unmarried partners do not automatically inherit
- stepchildren usually do not automatically inherit unless adopted
This often creates disputes in blended families, which are increasingly common.
The intestacy rules are mainly governed by the Administration of Estates Act 1925.
Time Limits For Contesting A Will
Time limits are extremely important. Inheritance Act claims usually must be brought within:
- 6 months from the date of the grant of probate
Other claims may have different limitation periods.
Delays can seriously damage a case. Early legal advice from specialist contested probate solicitors is strongly recommended.
Do Most Cases Go To Court?
Thankfully, the answer here is no. Many inheritance disputes settle before trial. And that is generally a good thing because court proceedings can be:
- expensive
- stressful
- slow
- emotionally draining
Settlement may involve:
- mediation
- negotiated financial settlements
- property arrangements
- variation of estate distributions
Specialist solicitors can often help resolve disputes pragmatically while protecting your position. And our team regularly ask clients to think twice before entering into this kind of claim. Sadly, legal action of this type often splits families forever – which is almost certainly the very last thing that the testator wanted to leave behind as their legacy.
Costs Risks In Inheritance Disputes
Contesting a will can involve substantial legal costs, especially if the claim goes all the way to a fully contested hearing at court.
The court has wide discretion regarding costs.
In some cases:
- the losing party may pay significant legal costs
- costs may come from the estate
- each party may pay their own costs
Before starting proceedings, it is important to consider:
- the strength of the claim
- the likely value of recovery
- proportionality
- funding options
How Bonallack & Bishop Can Help
Here at Bonallack & Bishop Solicitors, our experience solicitors advise clients throughout England and Wales on probate and inheritance disputes involving children and family members.
Our contentious probate solicitors can assist with:
- child inheritance claims
- disinherited child claims
- estranged child disputes
- stepchild claims
- adopted child inheritance disputes
- will validity disputes
- executor disputes
- mediation and negotiated settlement
- court proceedings where necessary
We aim to provide:
- clear practical advice
- realistic assessments of prospects
- sensible commercial guidance
- strong representation where litigation becomes necessary
For expert advice on contesting a will or inheritance disputes involving children, contact our specialist contentious probate team.
Can a Child Contest a Will? – FAQ
Can a child contest a will in the UK?
Yes. In some circumstances a child may be able to contest a will or bring a claim against an estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Can an adult child contest a will?
Yes. Adult children can sometimes bring inheritance claims, particularly where they have financial need or were excluded from a parent’s will.
Can an estranged child contest a will?
Yes. Estranged children may still be able to bring claims, although the court will consider the reasons for the estrangement and the overall family relationship.
Can a child contest a will if excluded?
Yes. A child who has been excluded from a will may still be able to bring a claim for reasonable financial provision from the estate.
Can a stepchild contest a will?
Potentially yes. Although stepchildren do not automatically inherit, they may be able to bring claims if they were treated as a child of the family or were financially dependent.
Can an adopted child contest a will?
Yes. Adopted children generally have the same inheritance rights as biological children under English law.
Can an illegitimate child contest a will?
Yes. Children born outside marriage generally have the same inheritance rights as other children under modern English law.
How long do you have to contest a will?
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 usually need to be brought within six months of the grant of probate.
