How to Disinherit Someone in the UK: Steps & Mistakes to Avoid

Deciding to exclude someone from your will is rarely easy. It’s often the result of years of strained relationships or difficult family circumstances. One of the reasons for caution is the unpleasantness that would arise among your survivors. Difficulty not withstanding, you can disinherit someone successfully, if you go about it the right way.

In English law, by the principle of testamentary freedom you may 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. The same testamentary freedom that lets you choose your beneficiaries also lets you exclude someone.

This 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 of 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, like beauty, is in the eye of the beholder. What counts as reasonable depends on the circumstances of the case, and in some circumstances it can be as little as zero.

What Does Disinheritance Mean?

Disinheriting is the deliberate exclusion of a person, typically a close relative who might otherwise have expected to benefit from an estate under a will or other succession arrangements.

Disinheritance differs from forfeiture, or ‘striking out’ a beneficiary after death, which is not generally possible unless the will contains a forfeiture clause triggered by specific conduct, or a statute applies. Disinheritance also differs from intestacy, where exclusion is not possible because statutory rules dictate the beneficiaries.

Why People Disinherit Family Members

Understanding why people disinherit those expecting to inherit 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.

If disinherited relatives simply accepted the position, none of this would be necessary. Often there are long, bitter and expensive arguments and court cases that breed ill will. So your aim is to carry out your wishes while leaving as little room as possible for a fight after your death.

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 example: My son John shall have no part of my estate as we have not been on speaking terms for over three decades. Keep it short: a will is not the place to wash dirty 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 is that it demonstrates your state of mind when you drafted the will, or more to the point that you had made reasonable financial provision for the person 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 scrutiny, 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 it is 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 disinheriting 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 will strengthen your position, but it will not remove the possibility of a challenge to the provisions of your will.

If a dispute arises after death, you may also need support administering the estate through probate.

Earlier we looked at the 1975 Act, under which certain classes of people can bring a claim against a will on the grounds that it does not make reasonable provision for them.

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 for the court is often what that spouse would have received had the marriage ended in divorce rather than death. Attempting to disinherit a spouse is therefore almost always futile.

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 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.

If your estate may exceed the thresholds, inheritance tax planning should be part of the wider plan.

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.