How To Exclude A Child From A Will UK

In certain circumstances, there may be reasons why you would want to exclude your children or a child from your will. This could include the fact that you have led a successful life but you want your child to be independent and stand on his or her own two feet or you may have sadly fallen out with a child. It could even be the case that one of them wins the lottery so there is no need to look after them financially. Some of your children may be better off than others or might need a little help with their own children. As such, you might want to redistribute your estate accordingly. In this article, how to exclude a child from a will UK, we take a look at the best way to achieve this.

Free Initial Telephone Discussion

For a free initial discussion on how we can help you exclude a child from your will, get in touch with us today. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure your final wishes are accurately recorded and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.

How do you exclude a child from a Will?

In order to exclude a child, you must include in your will something called a “deliberate exclusion clause”. As the name suggests, this will specifically exclude the child from your will and consequently, they will not benefit from the distribution of your assets upon your death. It is also advisable to draft a document called a “letter of wishes”. In it, you should outline in no uncertain terms why you are excluding the child from your will. The letter should be factual and not emotional and be sent to your executor. Also, remember that a will can be made public so don’t include your letter of wishes within the will. It should be given to your executor separately.

Are there any other reasons to exclude a child?

There is no legal requirement to leave gifts from your estate to your children or even to your spouse or civil partner. That said, any excluded family members may wish to contest the will, and this means there are a number of factors you should bear in mind, should you be considering leaving a child or other family member out of your will.

In the UK, it is possible that practically anyone can contest your will after you have died. In fact, there are certain people who can reasonably expect to be included in your will. Under the Inheritance (provision of Dependents) act 1975, they include:

• Your spouse or civil partner
• Your former spouse or civil partner if they are still single
• Your partner if they have been living as though they were your spouse or civil partner for at least 2 years before your death
• Your children
• Those who you have treated as your own child – this includes stepchildren, your partner’s children, children you are a guardian to
• Someone who is being maintained by you. This could be a relative or friend who you are providing a regular allowance to for living costs, or letting live in your property rent-free.

You should also bear in mind that a person can still bring a claim if some provision is made for them but they don’t consider the provision to be ‘reasonable’. What is reasonable will depend on your relationship with the person and the size of your estate. You can’t get around this by just leaving someone you would rather exclude with a token gift in your will.

By having a deliberate exclusion clause, this will demonstrate to the executor that someone’s omission from the will was not an oversight and was fully intended. Do remember that the effect of excluding a child can be traumatic so think carefully before going down this path.

Reducing the risks of claims against your estate.

One of the often-used reasons for contesting a will is because it wasn’t drafted correctly. As such, it is absolutely vital that you seek legal advice when preparing your will.

Claims against an estate are sadly all too common. They can be upsetting for those left behind and can also cost the estate financially so all the beneficiaries will suffer.

Consequently, if you do intend to leave a child out of you will, it might be an idea to leave some form of legacy to them to reduce the risk of the will being contested and also so as not to hurt their feelings. Remember, you will have passed away and there will be no opportunity to explain your actions to the child.

How we can help

We have a proven track record of helping clients draft their wills with deliberate exclusion clauses. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

Deciding when (or whether) to incorporate, what kind of ownership structure How to Contact our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of writing your will and excluding a child from it. However, expert legal support is crucial in terms of ensuring your final wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News, Private Client Tagged as