Can a child make a claim against a parent's will?

What the Law Says

Section 117 of the Succession Act 1965 gives children a legal right to challenge a parent’s will if the parent did not make proper provision for them based on a 'moral duty'. This is not about equal shares — it’s about fairness in light of the parent’s obligations and the child’s needs.

Only a child (including an adult child) of the deceased parent can make a claim — spouses, cohabitants, or grandchildren cannot use this section.

The claim must be made within 6 months of the date probate is granted. Missing this deadline usually means losing the right to apply.

The court does not rewrite the will entirely. Instead, it may order that part of the estate be given to the child if it finds the parent failed in their 'moral duty' — a concept based on the child’s age, financial need, relationship with the parent, and the size of the estate.

The law says the court 'may' make provision — meaning it has discretion, and no outcome is guaranteed.

Statutory Text

If a person dies wholly or partly intestate, or if a person dies leaving a will, the court may, on the application of a child of the deceased, make such order as it thinks fit for the provision of the child out of the estate of the deceased, if it is satisfied that the deceased failed in his or her moral duty to make proper provision for the child.

— Succession Act 1965, s. 117 — Application by child for provision out of deceased parent's estate

What to Do

Sources