Adult Children and the 1975 Act: When Can You Challenge a Will?

Understanding Claims Under the 1975 Act

If you’ve been left out of a will or feel you’ve been unfairly treated, you might wonder if there’s anything you can do about it. The Inheritance (Provision for Family and Dependants) Act 1975, often called the “1975 Act”, allows certain individuals—such as children, spouses, former spouses, or dependants—to challenge a will or estate where “reasonable financial provision” has not been made for them.

When adult children bring such claims, the test is particularly rigorous: they must demonstrate an unmet need that the deceased failed to address, even where estrangement or prior disputes exist. Judges must weigh a variety of factors, including conduct, needs, the size of the estate, and familial obligations.

2025 Rulings

Two recent 2025 cases, Howe v Howe and Duggan v Duggan, help explain how these types of claims work, and when they succeed or fail.

Case 1: Howe v Howe – Estranged Daughter Wins Part of Father’s Estate

The facts: Jenna Howe had no relationship with her father, Roger, for many years. When he passed away in 2020, he left his £1.4 million estate to other family members, giving Jenna nothing.

Jenna had serious health problems that stopped her from working, and she struggled financially. She brought a claim under the 1975 Act, asking the court for a share of her father’s estate to meet her basic needs.

What the court decided: Even though Jenna and her father were estranged, the judge agreed she hadn’t been left reasonable financial provision. Jenna’s needs were real and ongoing, and the court linked her poor health in part to her father’s treatment of her growing up.

She was awarded £125,000, which:

• Paid off her debts,
• Helped her with therapy and healthcare,
• Gave her some financial stability for the future.

The money was placed in a trust to ensure it was used responsibly and to protect her from losing benefits.

What this means for clients:

• Even if you were estranged from the person who died, you may still have a claim if you’re in financial need.
• The court focuses on your needs, not your relationship history alone.
• Awards can be structured to help with specific issues like debt, health, or day-to-day living costs.

Case 2: Duggan v Duggan – Caring Daughter’s Claim Rejected

The facts: Sharon Duggan gave up years of her life to care for her elderly mother, Agnes, before she died. Sharon lived in the family home and suffered from various health conditions, including Long COVID, and said she couldn’t afford to live anywhere else. The will left the estate — worth around £420,000 — equally between Sharon and her two sisters. Sharon wanted a bigger share or to keep the house outright.

What the court decided: The judge rejected her claim. Although Sharon had done a lot for her mother, she had already been given a fair share under the will. The court said that the 1975 Act isn’t there to reward good behaviour, but to meet genuine financial needs.

What this means for clients:

• Even if you’ve sacrificed a lot or helped the person who died, that doesn’t guarantee a bigger share.
• If the will gives you something reasonable, your claim may not succeed — especially if it would reduce what others inherit.
• The court won’t interfere just because you feel things are unfair — there must be a clear financial need.

Key Takeaways

The two cases described above show that when the Courts are determining what awards to make under the 1975 Act, a claimant’s ‘need’ matters more than family history.

Being helpful or caring is not enough, and the law focuses on whether or not the will made reasonable financial provision for your individual needs. Every situation is different of course, and the Court will examine a claimant’s finances, health, and what the estate itself is worth.

Talk to us

If you are thinking about making a claim under the 1975 Act and want to know if you have grounds to do so, then get in touch with us.

We can assess your chances of pursuing a claim and provide you with honest advice, as well as clarify the necessary procedures and timescales that you may have to follow. We can also talk you through the process of gathering the necessary evidence.

For more information or support, please contact Zara Abbas on 01773 530000.

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