Adult Child’s Successful Legal Claim Over Father’s Estate
A recent case took place at Central London County Court where a daughter was claiming a share of her father’s £1.4 million estate after she was cut from his Will.
The judge found in favour of the claimant and put great weight on how the father’s conduct had affected his daughter, showing that poor treatment can provide a strong link with financial provision.
Background
Roger Howe, known for his work involving pirate radio, wrote a Will in 2017, leaving his £1.4 million estate to his mother, Rosina Howe, his sister, Tina Tucker, and his nephews, Ross and James Tucker. Roger stated that he did not want to leave anything to his daughter, Jenna Howe, as he said he had not seen her for 9 years and described her as a “lazy, useless, lying druggy”.
Mr Howe had died aged 55 after having accidentally falling from a window in March 2020. Jenna made a claim for reasonable provision, claiming her life had been ruined by neglect and cruelty from her father during her childhood.
She claimed “reasonable provision” from the estate of around £450,000 to cover her debts, a new home, money to launch her beautician career and a new car.
When she was younger, Jenna was self-conscious about her body and suffered from body dysmorphia and depression. Mr Howe made the situation worse by taunting her and making comments about her weight. One time, Mr Howe weighed his daughter in front of his lodger.
Jenna had also developed a drug addiction. Tina Tucker told the court that her brother had repeatedly attempted to help his daughters drug addiction but ended up giving up on her.
The trial was two days long and ended with the judge ruling that Jenna should receive £125,000 of her father’s estate, including cash for breast implants and a new car. Her claim for £450,000 was rejected as the judge ruled that she was not entitled to have a property bought out of her father’s estate.
This payout includes a weekly £75 weekly maintenance payment for the next ten years as well as help for other needs such as clearing debts.
During the trial, Jenna’s barrister, James McKean, stated that ‘Roger’s conduct weighs heavily in this case.’ He mentioned that there were various occasions where Roger would belittle Jenna and that his treatment of Jenna has shaped the rest of her life. James had also stated how there was a link between how she was treated during her life and her need for financial provision.
Conclusion
Where a parent choses to disinherit a child there is a possibility that the child, even an adult child, can bring a claim for reasonable provision against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Where the Claimant has health issues as a result of the parent’s conduct this is likely to strengthen any possible claim.
