The Perfect Storm: Estrangement and Inheritance Claims

It’s a difficult situation that’s more common than many people think: a relationship with an adult child has broken down, sometimes years or decades ago, and you’re now considering what may happen after you’re no longer here.

Given that research suggests around 54% of adults said that “estrangement or relationship breakdown is common in our family”, it’s a widespread concern for many, a lot more so than some may realise.*

Compounding this, surveys by organisations like Hargreaves Lansdown and Today’s Wills and Probate have found that around 34% to 38% of people expect to receive an inheritance to fund their later years.**

This combination creates a “perfect storm” for potential legal challenges from disinherited children.

At April King, we understand both the deep technicalities of inheritance law and the emotional rifts that family estrangement can cause. As a family firm ourselves, protecting families from potential future claims is one of our core guiding principles. We know that prevention is always better than cure when it comes to estate planning.

The Risk of Disinheritance

A recent case, David Marcus Isaacs v Michael Anthony Green & Ors [2025] EWHC 1951 (Fam), highlights the risks of completely disinheriting a child, especially an adult one.

The case involved a 74-year-old son, David, who was disinherited by his mother in a 2006 Will. It was speculated that this was to prevent his ex-wife from making a claim on the estate during his divorce. However, the Will was never updated.

We frequently encounter situations like this in claims, which can arise for various reasons. Over time, relationships may improve, but many people make the mistake of not updating their Wills, often forgetting or feeling reluctant to revisit the topic.

Additionally, unforeseen events, such as losing capacity due to illness or a stroke, can hinder their ability to make updates. That’s why our team focuses on creating a long-term plan that accounts for all potential scenarios.

Even after the divorce was finalised and David had moved back in to care for his mother. After his mother’s death, David, who had limited income and health problems, made a claim for “reasonable financial provision” from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

The court, referencing the landmark case of Ilott v The Blue Cross, ultimately awarded David 25% of the £600,000 estate, plus three-quarters of his legal costs.

The judge found that David had a genuine need for financial provision, particularly for housing. This case is a stark reminder that a moral claim is not a prerequisite for a successful inheritance act claim by an adult child.

Why You Need Specialist Advice

This case underscores a critical point: if you have an estranged child and are considering leaving them out of your Will, you need specialist advice.

The mindset of “it’s easier to put off and pretend it’s not a problem” can lead to a potential future disaster for the children you do want to inherit.

They can be dragged through stressful mediation and expensive court cases that can cost tens or hundreds of thousands of pounds and delay their inheritance for years.

As we often say to clients, a bit of extra preparation now can significantly improve the outcome of your legacy and protect the children you care about in the long run.

How April King Can Help

At April King, we have over 30 years of experience in mitigating potential future inheritance claims. We are a Legal 500-ranked firm, a testament to our deep knowledge of today’s inheritance landscape—an insight your local high street generalist is unlikely to have.

We can help you explore a variety of options, from including a smaller legacy in your Will to placing assets in a trust. For more information on navigating these complex family situations, please see our dedicated page on family estrangement or request our free information guide here.

If you have an estranged son or daughter and your current Will leaves them nothing, we urge you to get a second opinion from us.

Let us help you create a lasting positive legacy instead of one potentially tainted with disputes and spiralling legal costs.

Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal, financial, or professional advice. No responsibility is accepted for any action taken or not taken based on the content of this article. Readers should seek appropriate professional advice tailored to their circumstances before making decisions. April King Legal will not be held liable for any loss or damage arising from reliance on this information.

*Hidden Voices – Family Estrangement in Adulthood
**Hargreaves Lansdown – One third of people relying on inheritance to fund retirement