Financial provision
Ilott v The Blue Cross: adult children and financial provision
An adult child can be eligible to bring a claim, but eligibility alone does not determine whether provision is reasonable or how much should be awarded.
The issue and decision
An estranged daughter sought provision from an estate largely left to charities. The Supreme Court restored the original £50,000 award after the Court of Appeal had increased it. The original judge had not made the errors used to justify that intervention.
Why it matters
For an adult child, the statutory standard ordinarily concerns maintenance, rather than a general power to rewrite a will as fair or equal. Needs, resources, relationships and the other statutory factors matter. The case does not set a standard award or mean that every excluded child will succeed.
Practical question
What evidence explains the claimant’s needs, the deceased’s obligations and the circumstances of the relationship? A bare statement that the will feels unfair does not answer those questions.
This is a short explanation of the decision, not a substitute for the judgment. The official case page links to the full judgment. Application to a different case depends on its facts and the applicable law.
England and Wales. Sources checked 15 September 2026. General information, not advice on your circumstances. Fees, forms and the law can change; check the linked official source before acting. Other jurisdictions have different rules.