Writing a will gives you control over how your estate is distributed after your death. However, deciding to exclude someone from your will—particularly a close relative—can be a complex and sensitive matter. At Blackstone Solicitors, we frequently advise clients across England and Wales on their rights when it comes to disinheriting individuals. In this article, we discuss whether you can exclude someone from your will, the potential legal implications, and how to minimise the risk of disputes.
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- Your Right to Decide Who Inherits
Under the law in England and Wales, you generally have the right to leave your estate to whomever you choose. This principle, known as testamentary freedom, means you are not legally required to include any specific individuals in your will. However, certain legal challenges can arise if a disinherited person believes they were unfairly excluded.
- Who Might You Wish to Exclude?
There are several reasons why someone might wish to exclude a person from their will, including:
- Estranged family members – If you have lost contact with a relative or have a strained relationship, you may not wish for them to inherit.
- Children from previous relationships – You may prefer to leave your estate to your current spouse and children rather than children from a previous marriage.
- Former spouses or partners – If you are divorced or separated, you may not want your former partner to benefit from your estate.
- Relatives with financial difficulties – You might be concerned that a particular beneficiary will misuse their inheritance due to poor financial management.
- Individuals who have been provided for in other ways – If you have already given financial support during your lifetime, you may decide to exclude someone from your will.
- The Inheritance (Provision for Family and Dependants) Act 1975
Even though you have testamentary freedom, certain individuals may still make a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975. This law allows certain people to apply to the court for ‘reasonable financial provision’ if they were financially dependent on you. Those who can make a claim include:
- Spouses and civil partners.
- Former spouses or civil partners who have not remarried.
- Children (including adult children and stepchildren who were treated as children of the family).
- Cohabiting partners who lived with you for at least two years before your death.
- Any other individuals who were financially maintained by you.
- How to Reduce the Risk of a Legal Challenge
If you decide to exclude someone from your will, there are several steps you can take to reduce the risk of a successful legal challenge:
- a) Leave a Letter of Explanation
It is advisable to leave a letter of wishes explaining why you have excluded a particular person. While this is not legally binding, it provides the court with insight into your reasoning if a claim is made.
- b) Ensure Your Will is Legally Valid
A will can be challenged on the basis that it was not properly executed, so it is essential to follow the correct legal formalities:
- Your will must be in writing.
- It must be signed by you in the presence of two independent witnesses.
- The witnesses must also sign the will.
Using a solicitor ensures that your will complies with legal requirements and minimises the risk of claims that it was signed under undue influence.
- c) Consider Leaving a Small Gift
Rather than excluding someone entirely, some individuals choose to leave a small gift (such as a modest sum of money) to demonstrate that they have considered that person but have chosen not to provide more. This approach can sometimes reduce the likelihood of legal action.
- d) Use a Trust for Asset Protection
Placing assets in a trust can provide greater control over how they are distributed. For example, a discretionary trust allows trustees to decide how and when beneficiaries receive money, reducing the risk of claims from excluded individuals.
- What Happens if Someone Successfully Challenges Your Will?
If an excluded individual successfully challenges your will under the Inheritance (Provision for Family and Dependants) Act 1975, the court can order that they receive financial provision from your estate. The amount awarded will depend on factors such as:
- Their financial needs and resources.
- The size of your estate.
- Their relationship with you.
- Any obligations you had towards them.
- Seeking Professional Advice
Given the complexities surrounding disinheritance, it is always advisable to seek legal guidance. At Blackstone Solicitors, we can help you:
- Draft a legally sound will that reflects your wishes.
- Minimise the risk of legal disputes.
- Use trusts and other estate planning tools to protect your assets.
- Provide clear documentation to explain your decisions.
Conclusion
While you have the legal right to exclude someone from your will, doing so can sometimes lead to disputes or legal claims. Taking proactive steps—such as drafting a legally valid will, leaving a letter of explanation, and seeking professional advice—can help ensure your wishes are upheld. If you need assistance with estate planning, contact Blackstone Solicitors today for expert legal guidance.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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