How an adult stepson and stepdaughter challenged their father's will and won partial provision through the courts.
Sean's father remarried when Sean was five years old. His new stepmother became the only parent figure he really knew. She raised him, looked after him through school, celebrated his milestones, and was there for him in every meaningful way. When his father passed away, Sean assumed the will would reflect this reality. It didn't. His father had left almost everything to his widow, with barely a mention of Sean and his sister.
Sean and his sister were now adults with families of their own, but the hurt was real. They had every reason to believe their father intended to provide for them. The will simply didn't match what they'd always understood about their relationship with him. They weren't trying to challenge their stepmother's inheritance—they just wanted recognition that they had depended on their father and had a legitimate claim to his estate.
With legal advice, they made an application under Section 117 of the Succession Act 1965. This is the law that allows people who weren't adequately provided for in a will to ask a court to change things. Their case was straightforward: they had been raised as part of the family from childhood, they had a real relationship with their father, and the will made no sense given those facts. The court agreed. It ordered that a portion of the estate be divided between them, alongside what their stepmother received.
Under Section 117 of the Succession Act 1965, a person who was dependent on the deceased (or who had a moral duty to support them) can apply to court if they haven't been adequately provided for in the will. The court can order that money or property be given to them from the estate. This applies to stepchildren, adult children, spouses, and others. The court looks at the relationship, the financial circumstances, and what the deceased would reasonably have been expected to do.
You must make a Section 117 application within six months of the grant of probate. This is a strict deadline. If you miss it, you'll need special permission from the court to proceed, which is difficult to get. Don't wait or hope the issue will resolve itself—act quickly if you believe you have a claim.
Tell Sarah what happened. She will explain your options and match you with the right solicitor in your county — free.