I’ve been denied inheritance after reuniting with my biological parent

Reuniting with a biological parent can be an emotionally charged experience, filled with hope, anticipation, and the possibility of forging new familial bonds.

However, this reunion can also bring challenges, particularly when it comes to inheritance rights. People can find themselves denied inheritance after reconnecting with their biological parents, understandably leading to feelings of betrayal and confusion.

According to Dutton Gregory, reasons for disputing inheritance include inheritance laws (33.6%), legal issues (31.3%), trust disputes (22.4%), valuation of assets (4.8%), will interpretation (3.6%), financial concerns (1.5%), emotional distress (1%), family dynamics (0.9%), and communication breakdowns (0.9%).

The latter three reasons are most salient to this matter. Reconnecting with a biological parent often begins with a mix of excitement and anxiety. For many, it’s a chance to fill in the gaps of their personal history and establish a connection that was previously missing. The emotional stakes are high, as both parties navigate their newfound relationship. This process can be deeply rewarding, but it can also uncover unresolved issues and lead to difficult conversations about the past.

• Penny, 58, always knew she was adopted, but wasn’t able to trace her birth mother until 2001. Her adopted mother always told her everything would be equally split between Penny and her brother when she died. However, when Penny’s mother died in 2022, she discovered her mother had changed her will so that everything went to her brother. – Fuller, G.(2025)  The Telegraph, (04/02/2025) online

Unable to attend her mother’s funeral due to lockdown restrictions in New Zealand, Penny decided to look up her mother’s will online.

Instead of the expected 50/50 split between her brother and herself, she found that everything had been left to her brother.

Inheritance laws in England and Wales prioritise the rights of legally recognised children. When a biological parent dies, their estate is typically distributed according to their will or, in the absence of a will, by intestacy laws. These laws often favour children who have been legally acknowledged, leaving those who were not formally recognised at a disadvantage.

Children who reunite with their biological parents later in life may face several legal hurdles when it comes to inheritance. If the biological parent did not update their will to include the reunited child, that child may be excluded from the estate. Additionally, if the parent died intestate (without a will), the laws of intestacy may not recognise the reunited child as a rightful heir, especially if the child has new adoptive parents.

In some cases, the reunited child can claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows estranged children to seek reasonable financial provision from a deceased parent’s estate. Recent cases, such as Howe v Howe, show that even estranged children can succeed by proving legitimate need. Courts look at financial resources, the child’s needs, and for any promises made to the child. It is worth noting that a large portion of IDR Law’s caseload involves pursuing or contesting 1975 Act claims.

The involvement of step-parents and other relatives can further complicate inheritance claims.

Step-parents may have legal rights to the estate, especially if they were married to the biological parent at the time of their death. This can lead to disputes between the reunited child and the step-parent, particularly if the step-parent controls the estate and chooses to disinherit the child.

In interview with the Daily Telegraph, Charlotte Lowe, a partner in the dispute resolution team at Knights LLP, advised beneficiaries to understand the requirements for these processes, as litigation can be lengthy and expensive. She adds that unfairness isn’t always a basis to dispute a will, as the law respects the testator’s right to distribute their estate as they see fit. Knowing the legal grounds for challenging a will, such as lack of mental capacity or improper execution, is crucial. Lowe recommended protecting your position by filing a caveat with a Probate Registry to prevent the estate from being distributed before your claim is resolved.

For those denied inheritance, seeking legal recourse is often needed. Consulting with a firm, like IDR Law, who specialise in probate and inheritance law, can provide clarity. Specialist legal professionals can help determine whether the reunited child has a valid claim to the estate and aid in litigation, mediation and court proceedings.