Can Estranged Children Challenge a Will?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

What To Do Next to Bring a Contentious Probate Claim

Family relationships are not always straightforward, but can estranged children challenge a will? Estrangement between parents and children is more common than many people realise. When a parent dies leaving their child out of their will, or leaving them a much smaller share than expected, the situation can feel painful and confusing. In addition, many estranged children assume they have “no rights” because the relationship had broken down.

However, that is not the full picture. In England and Wales, estranged children can challenge a will under several circumstances. Depending on the evidence and the grounds for challenge, they may be able to secure financial provision or even have the entire will declared invalid.

If you are an estranged child wondering whether you can contest a will, we partner with highly experienced contentious probate solicitors who offer a no-obligation free consultation – contact our team today to find out more.

They also offer a No Win No Fee agreements, as well as other flexible funding. No Win No Fee means you only pay if you win.

How Can Estranged Children Challenge a Will?

Estranged children can challenge a will in England and Wales, but the strength of their case depends on which legal route they use. There are two main ways to bring a contentious probate claim:

1. Challenging the validity of the will, and/or
2. Claiming financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

An estranged child could pursue one or both routes, depending on their circumstances.

Challenging the Validity of the Will

A child, whether estranged or not, may challenge a will if they believe it is invalid. To do this, they must show that one of the legal requirements for a valid will was not met.

Here are the most common grounds:

1. Lack of testamentary capacity

If the parent did not have the mental capacity to understand what they were doing when they made the will, it may be invalid. Medical conditions such as dementia or severe illness can affect capacity.

2. Lack of knowledge and approval

Even if the parent had capacity, they must also understand and approve the contents of the will. Suspicious circumstances, such as significant changes made shortly before death, can raise a red flag.

3. Undue influence

If someone pressured, manipulated, or coerced the deceased into making or changing their will, it can be challenged. This is difficult to prove but not impossible.

4. Fraud or forgery

If the signature is not genuine, pages were substituted, or the will was otherwise tampered with in some way, it can be declared invalid.

5. Failure to comply with formalities

Wills must meet certain legal requirements, such as being properly witnessed. Any failure here could invalidate the will.

Estrangement does not prevent a child from bringing any of these claims. What counts is the evidence you have which can support the alleged issue with the will.

Claims Under the Inheritance Act 1975

Even if the will is perfectly valid, an estranged child may still be entitled to financial provision.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to bring a claim if the will fails to make “reasonable financial provision” for them.

Whether an adult or a minor – children are eligible claimants.Estrangement does not automatically bar a child from succeeding, although it is one of many factors the court considers.

What does “reasonable financial provision” mean?

For adult children, the test is whether the will provides “such financial provision as would be reasonable for the applicant to receive for their maintenance.”

This does not guarantee equal shares among siblings or even a ‘fair’ share of the estate. However, if the child has significant financial needs or the estate is sizeable, a claim may be worthwhile.

Does Estrangement Affect the Outcome?

Yes, but it is just one factor in a long list as the following are typically considered:

• The child’s financial position
• The size of the estate
• Any obligations the deceased owed to the child
• Disabilities or other vulnerabilities
• The conduct of both parties
• The reasons for the estrangement
• Whether the estrangement was the child’s fault, the parent’s fault, or mutual
• Any previous gifts or financial support

In addition, modern case law recognises that estrangement is often complex. Courts can distinguish between “deliberate rejection” by the child and estrangement caused by abuse, controlling behaviour, or other conduct by the deceased.

Even if a parent unfairly cut a child out of their will because of long-standing conflict, a judge may still award that child financial provision.

Is It Harder for an Estranged Child to Win?

It can be, but this will depend on evidence and circumstances surrounding the case. If a child can show genuine financial need, they may still succeed in bringing a claim – even if there’s been no contact with their parent for a long time.

In some cases, estranged children may recover substantial sums. This is particularly when:

• They have financial difficulties
• The estate is large
• The parent had a moral obligation to provide
• The will leaves everything to someone with whom the deceased had a brief or late-in-life relationship
• There is evidence of unfairness or manipulation

What Should an Estranged Child Do Next? Practical Steps to Bring a Claim

If you are considering contesting a will, acting quickly is vital. Here is a step-by-step guide on what to do:

1. Gather Key Information Immediately

Try to collect:

• A copy of the will (if available)
• Information about the estate’s size and assets
• Details of your relationship with the deceased
• Evidence of financial need (if making an Inheritance Act claim)
• Any unusual circumstances around the making of the will
• Medical records or information about capacity issues (if applicable)
• Details of who benefits under the will and why

Do not worry if you can’t access everything. Your solicitor can help obtain key documents.

2. Seek Specialist Contentious Probate Legal Advice

Contentious probate is a highly technical area in law and early legal strategy may make a big difference to the end result.

Your solicitor will assess and advise on:

• Whether you have strong grounds
• Which route (or routes) to pursue
• What evidence will be needed
• The likely value of your claim
• How to protect the estate assets from being distributed

Our panel of experienced probate firms offer a range of fee structures, including No Win No Fee agreements.

3. Act Fast — Deadlines Are Strict

The most urgent deadline relates to Inheritance Act claims:

Inheritance Act 1975 claims must be issued within 6 months of the Grant of Probate.

Courts rarely grant extensions, so it’s vital you don’t delay in getting your claim started.
Challenges to the validity of the will do not have a rigid deadline, but delaying can still harm your case and allow assets to be distributed.

4. Enter a Caveat If Necessary

If you intend to challenge the validity of the will, your solicitor may recommend entering a “caveat” at the Probate Registry.
This temporarily stops the Grant of Probate being issued, giving you time to investigate your claim.

5. Attempt Mediation First

Many contentious probate disputes settle without going to court. Mediation is extremely common and often effective, as well as saving considerable time and money.

A strong letter of claim, backed by evidence, can encourage executors or beneficiaries to negotiate.

6. Prepare for Litigation if Needed

If negotiations fail, your solicitor may issue court proceedings.
This does not necessarily mean the case will go to trial as most settle along the way, but it ensures your claim is protected.

Don’t Delay – Contact Our Team Now

Estrangement does not automatically prevent a child from challenging a will or receiving financial provision from an estate. If you believe you have been unfairly left out of a will, even after years of limited ot no contact, getting early legal advice is crucial.

📞 Call us at 0330 818 0349 for a free no-obligation chat or visit our Contact Us Page.