‘Needy’ 74-Year-Old Son Wins Inheritance Claim

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Katie de Swarte

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74-year-old son awarded share of late mother’s estate in inheritance claim

The contested wills and probate team at Osbornes Law represents clients in complex inheritance claims and other estate disputes.

A 74-year-old man who was disinherited from his mother’s will has been awarded 25% of her estate. The ruling could expose more estates to similar claims from adult children of all ages against their parent’s estate.

The outcome of this case is another example of a decisions that may appear to undermine the long-standing legal principle in England and Wales that individuals are free to leave their estate to whoever they choose. Though these decisions are not often made without good reason.

Inheritance claims

Although testators (those making the Will) are entitled to leave their estate to those they choose, a qualifying ‘dependent’ of the deceased can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they can show that they are not reasonably provided under a Will or the rules of intestacy i.e. where there is no Will.

Where a child of the deceased brings a claim, their entitlement to any award is limited to ‘maintenance’, under (s1(2)(b). Adult children are not excluded from bringing an action, but they are unlikely to secure an award if, for instance, they are financially independent.

What’s the background?

The claimant in Isaacs v Green [2025] EWHC 1951 was David Isaacs, son of the late Sybil Isaacs. Sybil died in April 2013, leaving a will made in November 2006.

Under the terms of her will, the residuary estate was left equally to her daughters, Susan and Ruth. Susan is in the US while Ruth continued to live in the family home. David had also lived in the family home since 2011, following a divorce and his father’s death – but he was excluded under his mother’s will. The value of her estate was around £600,000.

Sybil’s reasons for excluding David from the will were never clear (he had been included in her earlier will made in 2002). However, David’s evidence (which the judge accepted) was that at the time she made her new will, his marriage was breaking down, and his mother had excluded him to prevent his ex from making a claim on any inheritance.

If that was the case, it was unfortunate Sybil didn’t take further steps to alter her will in David’s favour following his divorce.

David therefore brought a claim for provision against his mother’s estate. It was not a straightforward case on the facts – there were three siblings, all in their seventies and each with clear financial needs.

The judge concluded that David was in genuine financial need and required provision for his maintenance. As well as living in the family home, he was 74 and suffered from several major health issues, including a deformity of his ankles that impacted his mobility. He also had limited financial means.

When calculating an appropriate level of maintenance, the key considerations for the court include:

  • the parties’ needs and resources
  • any physical or mental disability of the claimant
  • the value of the estate and
  • the deceased’s obligations towards the claimant prior to death.

‘Maintenance’ has a broad meaning in inheritance cases and can include securing suitable accommodation; in this case David’s primary need was for accommodation. However, a complicating factor was that the executor had issued possession proceedings in respect of the family home (though they had been adjourned).

David and Ruth, as its occupants, risked becoming homeless and Ruth would need her inheritance to rehouse herself. In the US, Susan needed to fund round-the-clock care as she was severely disabled (currently met from public funds).

The reality was, there were insufficient funds in the estate to meet the full needs of all three siblings; and any award in David’s favour would impact Susan and Ruth.

The court decided to award David 25% (around £150,000) of the estate and the balance divided equally between Ruth and Susan (£225,000 each). This meant he and Ruth would have enough to rehome themselves.

What does this mean?

The ruling illustrates that inheritance cases are carefully considered on the unique facts of the case. While the outcome may come as a surprise, given the age of the claimant, the specific circumstances were sufficient to satisfy the court that an award was fair and reasonable.

How can we help?

If you’re concerned about a potential claim against an estate you are administering; or you wish to make an inheritance claim, it is important to take early legal advice. For specialist advice about a potential inheritance claim or other wills disputes, speak with the expert contested probate solicitors at Osbornes Law. Contact us by:

  • Filling in our online enquiry form; or
  • Calling us on 020 7485 8811.

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