Deciding to exclude someone from your will is rarely easy. It’s often the result of years of strained relationships, difficult circumstances, or difficult family circumstances. One of the reasons for caution is the unpleasantness that would arise among your survivors. Difficulty not withstanding, you may disinherit someone successfully – if you went down the right path.
In English law, by the principle of testamentary freedom you may to leave your estate to whomever you choose.
In this article, we’ll discuss all you need to know so that you may write the will you want including disinheriting people correctly and properly.
Can You Legally Disinherit Someone in the UK?
Yes. Testamentary freedom allows you, under English law to leave your estate to anyone as you wish – meaning you many exclude anyone you wished.
This is differs from the rules in other jurisdictions, for example in Scotland a proportion of your estate must go to certain members of your family as long as they survive you. Back to England and Wales, you have the power to leave your estate as you wish.
But there are restraints on that power.
The main check on your power to leave your estate as you wish is The Inheritance (Provision for Family and Dependants) Act 1975. This act of parliament gives certain classes people the right to challenge the provisions of your will – they have to show that the will has not made reasonable provision for them.
As we shall see later, reasonable is like beauty, it is in the eye of the beholder. We shall see that ‘reasonable’ is a question of the circumstances of the case. We shall understand it fuller, but reasonable could in the circumstances, be as little as zero.
What Does Disinheritance Mean?
Disinheriting is the deliberate exclusion of a person, typically a close relative who might have otherwise to have expected to benefit from a benefit from an estate under a will or other succession arrangements.
Disinheritance differs from forfeiture or ‘striking out’ a beneficiary either after death (which is not generally possible unless a will has a forfeiture clause triggered by specific conduct or statute applies. Disinheritance is further different from intestacy- where exclusion is not possible as statutory rules dictate beneficiaries.
Why People Disinherit Family Members
Understanding the reasons folk have disinherited their expectant beneficiaries might inform your decision on this often grave step in your inheritance planning.
- Long-term estrangement or irreparable family conflict
- Previous substantial gifts or financial support (they’ve already received their share)
- Confidence that a beneficiary is financially secure while others need help
- Concerns about financial responsibility (gambling, substance abuse, poor decisions)
- Disapproval of lifestyle choices or relationships. This is often the weakest of reasons to disinherit someone.
This article would be redundant if the disinherited parties accepted things as they were. Often there are long, bitter expensive arguments and court cases which breed ill-will. Thus your aim should be to enact your wishes while on your death there would be minimum fuss or fight.
Just like there isn’t a prescribed form of words in a will (all that is required of a will is that it perform certain functions to dispose of the assets of the testator – and that the document is signed by the testator in the presence of two independent witnesses), there isn’t a prescribed form of words for disinheriting someone in a will.
In your will the most important item of disinheritance is to state the fact of the disinheritance in the will – this would show a positive act of disinheritance and not administrative error.
I would recommend a brief single line statement of the reason for such disfavourment. For example: My son John shall have no part of my estate as we have not been on speaking terms for over three decades. You want to keep it short and sweet. All that business of washing one’s linen in public.
Once a will gets admitted to probate, it becomes a public document. Everyone can get a copy for £1.50. However, you should be more expansive. The tool for explaining your reasoning for cutting anyone out of a will should be laid out in a letter of wishes.
A letter of wishes is a private document, in effect a letter to your executors, in which you state as much detail as you care to the circumstances and reason for the disinheritance.
One reason being it would go to demonstrate your state of mind when you were drafting the will in which you you disinherited the the person in question, or more to the point that you had made reasonable financial provision for the person who was bringing a challenge.
With that context established, let’s walk through exactly how to execute disinheritance in a way that’s legally sound.
How to Disinherit Someone
Disinheriting someone isn’t as simple as leaving their name off a document. The process requires careful planning, precise language, and professional guidance. Here’s how to do it properly.
1. Seek Professional Legal Advice First
As you want to cast your wishes in a correct legal form that would stand up to security, you want the assistance of an experienced estate planning professional.
2. Draft a New Will
Draft a new will. As we have seen, disinheriting someone is not a matter of leaving a name out of a will. You want a new will by which you should declare the name of the disinherited party. Do not attempt a codicil as is the the devil’s workshop. The codicil is the fraudster’s charter – it creates scope for mischief, misunderstanding and fraud.
As alluded to above, you should name the person, state your relationship and brief reason for disinheritng them.
3. Document Your Reasons
While the will itself should be clear and direct, your reasoning belongs in a separate document called a “letter of wishes” to which we were introduced earlier.
This letter should explain why you’ve chosen to disinherit this person, provide specific examples that led to your decision, and demonstrate that your decision was made with full mental capacity.
For example: “I have not provided for my daughter, Sarah, because we have had no contact for fifteen years following her choice to cut all ties with the family. During my lifetime, I also gave her £150,000 to purchase her first home in 2010, which I consider to be her share of my estate.”
This letter isn’t legally binding, but it provides context that can be persuasive if your will is challenged. It shows you made a considered decision, not an impulsive one driven by temporary anger or confusion.
4. Review and Update Your Will Regularly
Review your will whenever you experience major life events, financial changes, or shifts in family relationships. A will that’s five or ten years old might not reflect your current situation, making it more vulnerable to challenge.
Who Can Challenge Your Will and Why
Following the steps above would strengthen your position. It would not eliminate the possibility of a contest to the provisions of your will.
Earlier in this write-up, we saw the Inheritance Act of 1975, by which certain classes of people could bring a claim against a will on the grounds they were seeking reasonable provision from the estate.
Who can make these claims:
- Your spouse or civil partner
- Your former spouse (if they haven’t remarried)
- Your children (including adult children)
- Anyone treated as “a child of the family”
- Anyone who was being maintained by you before your death
The Act doesn’t give these people an automatic right to inherit. It gives them the right to ask a court to decide whether your will made reasonable provision based on their financial needs.
Special Considerations
Can You Disinherit a Spouse?
An impending divorce is no reason to disinherit a spouse. When a disfavoured spouse brings a claim under the 1975 Act, the starting point is the court might look to award the spouse as much as that spouse would have got if the marriage had ended in divorce rather than in death. This is almost always a futile excercise.
Can You Disinherit a Child?
Adult children of independent means generally have an uphill task in bringing successful 1975 Act claims. Conversely, minor children’s claims are generally successful.
Adult children’s claims are stronger if they are disabled or are experiencing financial hardship
My Final Thoughts
UK law gives you considerable freedom to distribute your estate as you see fit, but that freedom comes with responsibilities and limitations. You can disinherit someone, but you must do it correctly and understand that certain people have legal rights to challenge your decision.
The key to successful disinheritance is comprehensive planning that anticipates challenges, documents your reasoning, and demonstrates you’ve made reasonable provision for those who depend on you. With proper planning, professional guidance, and careful documentation, you can make your wishes known in a way that’s most likely to be respected after you’re gone.