Avoiding Will Disputes: Lessons from the Talbot Case

Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after your death. However, many people are surprised to learn that even a professionally drafted Will can still be challenged in certain circumstances.

Under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Inheritance Act”), some individuals may be able to bring a claim against an estate if they believe they have not received reasonable financial provision.

Recent court decisions show that disputes can arise even where a person has been deliberately excluded from a Will. This highlights the importance of regularly reviewing your Will to ensure it reflects your current wishes, family relationships and financial circumstances.

What Is an Inheritance Act Claim?

The Inheritance Act allows certain categories of people to apply to the court for financial provision from a deceased person’s estate.

Potential claimants can include:

• Spouses and civil partners
• Former spouses in some situations
• Children
• Individuals who were financially dependent on the deceased

The court does not simply rewrite a Will because someone feels unfairly treated. Instead, it considers whether the Will, or the intestacy rules if there is no Will, provides “reasonable financial provision” for the applicant.

The Talbot Case: A Recent Example of a Will Dispute

A recent High Court case, McDaniel v Talbot (2026), demonstrates how inheritance disputes can arise and why outdated Wills can create problems.

In this case, an adult daughter had been expressly excluded from her father’s 2014 Will, with his estate, valued at approximately £1.75 million, left entirely to his wife. The exclusion followed a long period of estrangement after the father abandoned the claimant when she was a baby.

However, before his death, the father and daughter had rebuilt their relationship, and she had played a significant role in caring for him. Despite this reconciliation, the Will was never updated to reflect the change in circumstances.

The daughter brought a claim under the Inheritance Act and was awarded more than £123,000. In reaching its decision, the court considered:

• Her financial needs
• Her caring responsibilities
• The moral obligation arising from the relationship and care provided

The case demonstrates that:

• Excluding someone from a Will may not prevent a claim
• A Will that no longer reflects current family relationships may be vulnerable to challenge

Can an Estranged Family Member Contest a Will?

Many people believe they can completely prevent a claim by excluding someone from their Will. In reality, the court will consider a range of factors, including:

• The applicant’s financial circumstances
• The size of the estate
• The nature of the relationship with the deceased
• Any obligations or responsibilities owed to the applicant

As the Talbot case illustrates, even long periods of estrangement may not prevent a successful inheritance claim if circumstances later change or there is evidence of financial need or other compelling factors.