The recent High Court decision in McDaniel v Talbot [2026] EWHC 928 (Ch) provides an important example of when an adult child may be able to make a claim against a parent’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.
The case demonstrates that being an adult child does not automatically entitle someone to inherit from their parent. However, where a claimant can demonstrate genuine financial need, the Court may consider whether the deceased’s Will made reasonable financial provision for them.
Mr Talbot died unexpectedly in 2022, leaving an estate worth approximately £1.5 million. His Will, made in 2014, left his entire estate to his wife and excluded his daughter, Emma McDaniel.
At the time the Will was prepared, Mr Talbot had been separated from Emma’s mother for many years and had very little contact with his daughter. The decision to exclude her therefore reflected the relationship between father and daughter at that time.
The circumstances had, however, changed significantly before Mr Talbot died. Approximately three years before his death, Emma and her father had reconciled. She subsequently provided care and assistance to him and his elderly mother.
Despite this reconciliation, Mr Talbot never amended his Will. Following his death, his entire estate therefore passed to his wife.
Emma subsequently brought a claim under the Inheritance Act 1975, arguing that the Will failed to make reasonable financial provision for her maintenance.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people, including children of the deceased, to apply to the Court where they believe an estate has failed to make reasonable financial provision for them.
For an adult child, the Court considers provision for their maintenance. This does not mean that an adult child is entitled to receive whatever inheritance they might consider desirable. Equally, maintenance is not restricted to the minimum amount required to survive.
The Court must assess the claimant’s individual financial circumstances alongside the circumstances of the estate and other beneficiaries.
Relevant factors under section 3 of the Act include the claimant’s financial resources and needs, the financial position of other beneficiaries, the deceased’s responsibilities towards those individuals, the size and nature of the estate, any disabilities and other relevant circumstances.
The Court found that Emma was in genuine financial need. Although she and her husband were both working and had pension provision, Emma had approximately £20,000 of debt and was caring for two adult children with severe physical and learning disabilities.
Her caring responsibilities restricted her ability to work and increase the household income. She and her husband also had their own health difficulties.
Important: The Court took into account Emma’s care for her father and his mother, but made clear that caring for a deceased parent or rebuilding an estranged relationship does not, by itself, create an entitlement to an inheritance.
Instead, the decisive consideration was Emma’s overall financial position. The Court regarded her as a “necessitous claimant” who was essentially able to meet her existing expenditure but had little or no capacity to deal with unexpected costs without taking on further debt.
The financial position of Mr Talbot’s widow was also considered. The Court found that she was financially secure and, taking all relevant circumstances into account, awarded Emma £123,418 from the estate.
McDaniel v Talbot highlights the importance of keeping a Will under review. A Will should reflect significant changes in family circumstances, particularly where a previously estranged relationship has been repaired.
For adult children considering an Inheritance Act 1975 claim, the case also demonstrates that the Court does not simply ask what would be “fair”. Instead, it considers the evidence surrounding the claimant’s financial needs and resources, the needs of other beneficiaries and the circumstances of the estate before deciding whether reasonable financial provision has been made.
This article is provided for general information only and does not constitute legal advice. Every Inheritance Act 1975 claim is decided on its own facts, and outcomes will vary according to individual circumstances. Appropriate professional advice should be obtained where required.