Being left out of a parent’s Will can be particularly difficult where a once-distant relationship has been rebuilt, but the Will still reflects an earlier period of estrangement.
For an adult child in this position, the question is not simply whether their exclusion feels unfair, but whether the Will makes reasonable financial provision for their maintenance in light of their circumstances.
The High Court decision discussed below illustrates why the full picture matters: the history of the relationship, any later reconciliation, the adult child’s financial needs and the position of the estate’s beneficiaries may all be relevant.
It also highlights the importance of considering whether the reasons given for excluding a child still reflected the relationship when the parent died.
Our Contentious Probate lawyers explore whether an estranged adult child can claim against a parent's estate after being excluded from their Will, examining the recent High Court decision in McDaniel v Talbot and the importance of changing family relationships when assessing inheritance claims.
The Case: A Will That No Longer Matched the Relationship
In McDaniel v Talbot [2026] EWHC 928 (Ch), Emma McDaniel brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) after her father, Mark Talbot, died leaving his estate to his wife.
His Will declared that he had made no provision for Ms McDaniel or her brother, Rhys, and said that he had no contact with them and had last seen her about twenty years earlier.
By the time of his death, however, the circumstances had changed significantly.
From Estrangement to a Father-Daughter Relationship
Mr Talbot and Ms McDaniel had been estranged since shortly after her birth. In 2019, he made contact and they rebuilt their relationship.
The Court found that a genuine father-daughter relationship had developed, with an expectation on both sides that it would continue.
The stated reason for excluding her from the Will therefore no longer reflected the position at the date of death.
What the Court Considers in a 1975 Act Claim
An adult child will not succeed under the 1975 Act simply because they have been excluded from a Will or believe the outcome is unfair.
The key question is whether the Will, or the intestacy rules, where there is no Will, failed to make reasonable financial provision for their maintenance.
When deciding a claim, the Court considers a range of factors.
These include the applicant’s present and foreseeable financial resources and needs, the size and nature of the estate, any obligations the deceased had towards them, any physical or mental disability, and the wider circumstances of the family relationship.
Ms McDaniel’s circumstances were therefore important.
She cared for two sons with severe learning and physical disabilities, while she and her husband also faced health challenges.
The Court examined her income, expenditure and overall financial position, but it did not look at those matters in isolation.
The Court also considered the genuine reconciliation, the support Ms McDaniel had provided to her father and grandmother, and the fact that the reason recorded in the Will for excluding her had fallen away.
Taken together, the circumstances led the Court to conclude that the Will had failed to make reasonable financial provision for her.
The Award
The Court put the net estate at £1,574,579.67.
Mr Talbot had left all of it to his widow, Rosemary Talbot, with nothing for Ms McDaniel.
The Court determined that provision totalling £123,418.47 should be made, which is about 8.2% of the net estate.
It was made up of a lump sum of £20,263.47 to clear her debts (excluding her student loan), and a capital sum of £103,155 to be held in a discretionary trust.
The trust allows her to draw down money as needed without affecting the state benefits she relies on.
The Court must also consider the financial resources and needs of the beneficiaries of the estate, not just those of the applicant.
Here, the Court found that Rosemary was not in need of funds and that the award would not compromise her standard of living.
She had an annual income of about £142,000 (including income from Mr Talbot’s business interests that she will inherit) against outgoings of about £8,000 a month.
She also had assets and savings worth a conservative minimum of £3 million, in addition to a 90% shareholding in a property company and equity in a second property.
Rosemary accepted that her defence was not based on need, and her counsel accepted that she has access to relative wealth.
Left Out of a Will? Look at the Full Picture
The decision does not mean that every estranged adult child will have a successful claim.
Claims under the 1975 Act are highly fact-sensitive, and financial need alone may not be enough.
The Court will consider the evidence as a whole.
If you have been excluded from a parent’s Will, or received less than you expected, relevant factors may include:
- Your current and foreseeable financial needs and resources.
- The size and nature of the estate.
- The history of your relationship with the deceased, including any reconciliation.
- Any financial support, care or other contribution you provided.
- Your health, caring responsibilities and other personal circumstances.
An old estrangement should not automatically discourage you from seeking advice.
What matters is the complete picture, including whether the relationship changed after the Will was made and what the circumstances were when the person died.
Time Limits: Act Within Six Months
A claim under the 1975 Act should be issued within six months of the date of the Grant of Representation.
The Court can allow a claim to proceed out of time, but permission is not guaranteed.
It is therefore important to obtain specialist advice as soon as possible.
How We Can Help
If you have been left out of a Will, received less than you expected, or are responding to a claim against an estate, our specialist contentious probate team can assess your position, explain your options and help you decide on the next steps.
Contact our Contentious Probate Team promptly, as strict time limits may apply.
0161 941 4000
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Rhiannon Edwards
Senior Associate
Rhiannon is a Senior Associate and joined the Myerson team in 2024. Rhiannon is an experienced probate litigator and advises on a full range of probate disputes. She is a full member of the Society of Trust and Estate Practitioners (STEP) and is working towards her Association of Contentious Probate Specialists (ACTAPS) full membership.
About Rhiannon Edwards