Howe vs Howe
In Howe v Howe, the deceased father left his estate (worth around £1.4 million) to other family members and deliberately excluded his only child from his will.
The relationship between father and daughter had broken down many years earlier. The father expressed strong negative views about his daughter and clearly intended that she should not benefit from his estate.
Despite this, the daughter brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975, arguing that the will did not make reasonable financial provision for her.
Is it possible to dispute a will?
Many people assume that if they leave someone out of their will – particularly an adult child they no longer have a relationship with – their wishes will automatically be final. As the Howe vs Howe case demonstrates, even an estranged adult child may still be able to make a successful claim against an estate.
The Inheritance Act 1975 allows certain people, including spouses, partners, children and dependants – to ask the court to alter how an estate is distributed if the will (or intestacy rules) fail to make “reasonable financial provision” for them.
Importantly, the court does not decide whether the deceased was morally right or wrong. Instead, the focus is mainly on financial need and practical circumstances.
Are will dispute claims successful?
Although the daughter in the Howe vs Howe case was an adult and had been estranged from her father, the court found that she was financially vulnerable and unable to support herself due to significant health issues.
The judge decided that the will did not provide reasonable financial provision for her maintenance and awarded £125,000 from the estate.
The award was designed to meet specific needs, including things like paying debts, funding therapy and financial stability. In other words, the money was structured to support maintenance rather than provide a windfall inheritance.
Does estrangement prevent an inheritance claim?
Every case is highly fact-specific and many claims by adult children are unsuccessful. However, one of the most important points from this case is that estrangement alone does not prevent a successful claim.
The court accepted that the relationship had broken down, but this did not outweigh clear evidence of financial need. The decision shows that adult children can still succeed where they can demonstrate genuine dependency or vulnerability.
For those making a will, the case is a reminder that simply excluding a child may not prevent a future claim and courts can override a will where reasonable financial provision has not been made.
Careful legal advice and clear planning can help reduce the risk of disputes. If you are concerned about a potential claim against an estate – or are considering whether you may have grounds to bring one – contact Downs Solicitors to see how we can help.
Contact Joanna Pashley
