Daughter’s successful claim to father’s estate
In the 2026 case of McDaniel v Talbot [2026] EWHC 928 (Ch), a claim by an adult daughter for reasonable financial provision from her Deceased father's estate under the Inheritance (Provision for Family and Dependants) Act 1975 was successful.
The case involved an estranged relationship between the Claimant (daughter) and the Deceased (father) which they reconciled in the later years of the Deceased's life. The daughter challenged an earlier Will, prepared before the reconciliation, which contained a non-provision declaration setting out the Deceased’s reasons for excluding the Claimant from inheriting.
Inheritance dispute
The Deceased and the Claimant, had been estranged since the Claimant was a baby, other than a few brief encounters.
In 2014, the Deceased made a Will which did not include any provision for the Claimant. The reason stated in the non-provision declaration was cited as a lack of contact for 20 years.
From 2019 until the Deceased's death in 2022, the Deceased and the Claimant rebuilt a close father-daughter relationship over a period of three years. During this period, the Claimant provided care not only to her own children but also to the Deceased and his elderly mother.
Inheritance (Provision for Family and Dependants) Act 1975 claim
The Claimant brought the claim as an adult child of the Deceased pursuant to section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975. The case was heard by Caroline Shea KC, sitting as a Judge of the High Court, on 17 April 2026.
Caroline Shea KC found that the Deceased's Will failed to make reasonable financial provision for the Claimant. The Judge then considered the established principle that for an adult child with earning capacity to succeed in a claim under the Inheritance Act 1975, in that there must be some special circumstance to tip the balance in her favour.
The Court's decision
The court identified the special circumstances in the Claimant’s case was by virtue of her car-ing contributions, not only to her own children but also to the Deceased and his elderly moth-er.
The Court did recognise that while the factual basis was rare and the daughter's generosity and care towards the Deceased did not create a moral obligation, these factors did create a factor which increased the moral dimension for provision.
Treatment of the Non-Provision Declaration
The Court found that the reasons cited in the Non-Provision Declaration for leaving nothing to the daughter, namely the lack of contact for 20 years, had disappeared and was replaced by a caring father-daughter connection.
Commenting on the case Laura Pracy, Contentious Probate Solicitor & Head of Inheritance and Will Disputes, said:
“This case is of interest as a rare example of when a claim by an adult child under the Inheritance Act 1975 succeeds and how the Court applies the special circumstances. The court's decision demonstrates that even where a Will contains an express non-provision declaration, circumstances may change such that the factual basis for excluding a beneficiary is overtaken by events, and the court will assess whether reasonable financial provision has been made based on the circumstances at the date of death.”
How can we help?
For legal advice on making a claim under the Inheritance Act contact our Contentious Probate Solicitors on 0161 785 3500 or email enquiries@pearsonslegal.co.uk.
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