To initiate a claim against a parent’s estate, one must consider the following legal principles and statutory provisions:

1. Eligibility to Claim: There is no prescribed age limit for lodging a claim against a parent’s estate. Typically, claimants are adults who may already have children of their own.

2.Basis for Claims: Claims may generally be categorised under two principal grounds:
– The deceased parent failed to provide adequately during the claimant’s upbringing.
– The claimant demonstrates a present-day financial necessity.

3. Judicial Precedents: Numerous cases have been adjudicated based on these grounds in recent years. It is insufficient to merely assert that another family member received a more substantial portion of the estate during the lifetime of the deceased or through their will.

4. Statutory Framework: Under Section 117 of the Succession Act 1965, adopted children and non-marital children of the deceased are entitled to make claims. However, such claims must be filed within six months from the issuance of the Grant of Administration or Probate.

5. Legal Costs: The determination of legal costs for applications under Section 117 is at the discretion of the court. If the court acknowledges a valid claim, costs are typically sourced from the estate. Conversely, unsubstantiated claims may result in the claimant bearing their own legal expenses and potentially those of the estate as well.

6. Exceptions:  In situations where the deceased parent has not left a will, claims under Section 117 are not permissible. The estate shall be distributed in accordance with Section 67 of the Succession Act 1965. Nonetheless, two exceptions exist:
– Children of civil partners may seek a portion of the estate absent a will.
– If the deceased transferred property within two years prior to their death and left no will, such transfers can be contested under the provisions of the Succession Act 1965.

Should you require further advice or have specific queries regarding the implications of these provisions on your circumstances, consulting a legal professional is advisable.