According to recent research from Key Equity Release, adult children living at home could be costing UK parents a combined £17 billion each year. More than 3.8 million families are estimated to have an adult child living at home, with parents spending an average of around £3,400 a year on additional household costs.
For many families, this support is simply part of modern life. Rising house prices, high rents and the increasing cost of living mean that many young adults are staying at home for longer or returning home after university, a relationship breakdown or a change in financial circumstances. While this trend is often discussed in the context of housing and family finances, it also raises an interesting legal question: what happens if a parent dies while an adult child is still financially dependent on them?
Many people assume that, once a child reaches adulthood, they have no right to make a claim against their parent's estate. However, the law does allow certain individuals, including adult children, to apply to the court if they believe reasonable financial provision has not been made for them.
When considering such a claim, the court will look at the particular circumstances of each case, including the individual's financial position, their needs and the nature of any support they were receiving from the deceased. This means that, in some situations, an adult child who was financially dependent on a parent may have grounds to bring a claim against the estate. Living at home may be one indicator of that dependency, particularly where accommodation or other financial support was being provided.
Many adults return to the family home temporarily while saving for a deposit, changing jobs or navigating a difficult period in their lives. However, where support has been extensive and long-term, the position can become more complex. These situations can be particularly difficult where family members have different expectations about an inheritance. For example, one child may have lived independently for years, while another has remained at home and relied on parental support. If a will divides an estate equally or excludes the financially dependent child altogether, the dependent child may bring a claim against the estate for provision under the Inheritance (Provision for Family and Dependants) Act 1975. The court’s focus is not on fairness or equality but rather on whether reasonable financial provision has been made based on the dependant child’s maintenance needs.
As multigenerational living becomes more common, it is likely that we will see more disputes involving adult children who remain financially dependent on their parents well into adulthood. What was once considered an unusual arrangement is increasingly becoming part of everyday family life. For parents, this highlights the importance of ensuring that their will reflects their current circumstances and wishes. Open conversations with family members can also help to manage expectations and reduce the risk of disputes later on. Indeed, a carefully worded memorandum or letter of wishes can be persuasive evidence for a court should a claim be brought against the estate.
If you would like to discuss any concerns or questions you may have about claiming against a parent's estate, or reducing the risk of one of your children bringing a claim against your estate, please get in touch with a member of our specialist team who will be happy to assist.