Challenge to a will from an abandoned child

When estranged children challenge a will: lessons from a recent High Court case

A recent case reported by The Telegraph, Mirror, Daily Mail and other press outlets highlights an increasingly important issue: the ability of estranged children to successfully challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975.

The case, recently concluded in the High Court, concerned Emma McDaniel, who had been abandoned by her father as a baby and grew up with no relationship with him. Her father later became a successful businessman, ultimately leaving behind an estate reportedly worth around £1.75 million. He had excluded Ms McDaniel entirely from his will (made in 2014 several years before his death in 2022), instead leaving his estate to his wife.

What makes this case particularly noteworthy is that, in later life, father and daughter re-established contact and developed a closer relationship. However, crucially, the will was never updated to reflect this change. When her father died in 2022, Ms McDaniel received nothing.

Faced with financial hardship, including the responsibility of caring for two disabled children and dealing with her own health challenges, Ms McDaniel brought a claim under the 1975 Act. This legislation allows certain categories of individuals—including children of the deceased—to apply to the court for “reasonable financial provision” where a will (or intestacy) fails to make adequate provision for them.

The case was heard in the High Court, which ultimately found in Ms McDaniel’s favour. The judge concluded that it was unreasonable for her to have been excluded entirely from the estate, particularly given the renewed relationship and the support she had provided to her father and grandmother. She was awarded £123,418.

A reminder of the court’s wide discretion

This case is a reminder of the breadth of the court’s discretion under the 1975 Act. While testamentary freedom remains a cornerstone of English law, it is not absolute. The court will weigh a range of factors.

In this instance, the combination of financial need and the re-established relationship proved decisive. Importantly, the court was willing to look beyond the earlier estrangement and focus on the position at the time of death.

The importance of keeping wills under review

One of the clearest practical lessons is the importance of regularly reviewing and updating wills. A will that may have been entirely appropriate at one point in time can quickly become outdated as family relationships evolve.

Had the deceased updated his will following reconciliation with his daughter, the subsequent litigation may well have been avoided. Even if he had chosen to maintain her exclusion, a carefully drafted letter of wishes explaining his reasoning could have strengthened the estate’s position.

Managing expectations and mitigating risk

Where a client intends to exclude a child—especially one in financial need—careful advice should be given about the potential for challenge. In some cases, it may be prudent to make at least modest provision.

Conclusion

The decision in Ms McDaniel’s case is a timely reminder of the need to be careful when excluding family members from a will and the need to keep will under review.