Parent-Child Break-Ups: Inheriting from Estranged Parents

“Honour Thy Father and Mother.” At least that’s what the Bible says. In practice, estrangement affects at least one in five families in the UK, according to Stand Alone, a British charity that supports estranged individuals. Estrangement can affect anyone – just look at the Royal Family! What happens when an estranged family member passes away? Could you be entitled to claim from the estate? Recent case law sheds light on these questions.

Who’s to Blame?

In a 2019 case, the judge considered fault in deciding whether the estate could be awarded to the claimant. Despite the claimant’s difficult upbringing, the judge determined she was responsible for the estrangement due to her own conduct, which outweighed all other factors in her favour. Consequently, her claim was dismissed. This case suggests that if an adult child’s behaviour leads to estrangement, they may forfeit their right to the estate unless the deceased’s will states otherwise. Conversely, if the estrangement were the fault of the deceased, the claimant might have had a successful case.

What if Nobody is to Blame? Can I Claim Maintenance?

In a 2021 case, two daughters (aged 40 and 39) claimed maintenance from their deceased father’s £2.2 million estate. The father became estranged from his daughters after divorcing their mother and remarrying. Despite being generous during their childhood, giving each £180,000 from a property sale post-divorce, he provided no further support after 2008. The daughters claimed they expected continued financial support, but the court rejected this, stating they had no basis for such an expectation after the father had ceased all financial assistance. This implies that a successful claim might require a reasonable expectation of continued support from the deceased.

Claims for Minor Children

In another 2021 case, the deceased’s children were 17 and 18 at the time of his death. After their parents’ divorce, the children and their mother moved to Scotland. The father had stopped paying maintenance, and their mother and her partner took over financial support. The estate argued that maintenance was unnecessary as it was already provided by the new family unit, but the judge disagreed. He ruled that child support obligations do not cease due to a “clean break” concept and ordered the estate to cover 50% of the children’s needs. This included school fees, living costs, university accommodation, a year’s rent post-university, a car, and counselling costs.

Conclusion

Claiming from an estranged family member’s estate can be challenging and often depends on a judge’s moral judgement. If you need advice on disputing wills, contact our Dispute Resolution Team on 0161 928 3848 or mch@mchaleandco.co.uk.

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