Can you exclude someone from your Will? In England and Wales the short answer is yes. You are free to leave your estate to whoever you choose. However, if you plan to exclude someone from your Will, it helps to understand the rules that allow certain people to challenge that choice after your death.
This guide explains why people leave someone out, the main ways of doing it, and what you can do to reduce the risk of a claim.
- You can leave someone out of your Will, but certain people can still bring a claim.
- There are several ways to approach it, and each has advantages and drawbacks.
- The Inheritance (Provision for Family and Dependants) Act 1975 is the main risk to be aware of.
- Clear drafting and a written explanation of your reasons can help.
Why might you exclude someone from your Will?
People have many different reasons. Some of the most common are:
- A change in relationship status. For example, you may not want to leave anything to a former spouse after a divorce.
- Estrangement. You may have lost contact with a family member, or the relationship may have broken down.
- Different financial needs. You might leave more to one child than another because their circumstances are very different.
- Concerns about money management. If someone struggles with debt or addiction, you may worry about how they would use an inheritance.
- Lifetime gifts. You may already have given someone substantial help, such as money towards a house.
The Inheritance Act 1975 and who can claim
The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people ask the court for “reasonable financial provision” from an estate. This applies whether there is a Will or the estate passes under the intestacy rules. The people who can claim are:
- a spouse or civil partner
- a former spouse or civil partner who has not remarried or formed a new civil partnership
- a child of the deceased, including an adult child
- a person treated as a child of the family, such as a stepchild
- a cohabitee who lived with the deceased as a couple for the whole of the two years immediately before the death
- anyone who was being maintained by the deceased immediately before the death
Being eligible does not mean a claim will succeed. The court looks at each claimant’s needs and resources, the size of the estate, the needs of the beneficiaries, and any other relevant circumstances. Also, for most claimants the award is limited to what is reasonable for their maintenance, so it may be far less than an equal share.
A well-known real example is Ilott v The Blue Cross, decided by the Supreme Court in 2017. A mother left almost her whole estate to animal charities and nothing to her estranged adult daughter. The daughter was awarded £50,000, which was a modest part of the estate. The case shows that adult children can claim, but also that the courts respect a person’s freedom to choose.
How to exclude someone from your Will
There are several approaches. Each one has its own advantages and drawbacks, so it is worth thinking them through.
Simply leave them out
You do not name the person in your Will. This is straightforward and clear. However, it does nothing on its own to reduce the risk of a claim, and the person may argue that you forgot about them.
Leave a smaller gift
You leave a modest gift to the person you mainly want to exclude. This shows you considered them. On the other hand, they still receive something, and a small gift does not prevent a claim for more.
A gift with a condition not to challenge
You leave a gift on condition that the person loses it if they challenge the Will. This is sometimes called a “no-contest” clause. It may discourage a challenge, but it cannot stop someone bringing a claim under the Inheritance Act 1975, so it needs careful drafting.
Leave them out and explain why
You exclude the person and record your reasons in a separate letter of wishes or signed statement. This is not legally binding. Even so, a court can take your reasons into account, so a clear and factual explanation can be valuable.
Lifetime gifts and charitable giving
You might make gifts during your lifetime or leave part of your estate to charity. A consistent pattern of giving can support your Will. However, it will not fully protect your estate from claims, especially from people who depended on you financially. Lifetime gifts can also have tax consequences, and we can refer you to an appropriate professional for tax advice.
Why a letter of wishes helps
A letter of wishes sits alongside your Will. It is not binding, but it lets you explain your decisions in your own words. For example, you might write: “I have not included my son in my Will because I gave him £60,000 towards his house in 2021, and I believe this was fair provision for him.”
Keep the tone factual and calm. Also, review the letter if your circumstances change, because an out-of-date explanation can do more harm than good.
Practical steps to reduce the risk of a claim
- Think about who might be eligible to claim, and whether they depend on you financially.
- Record your reasons clearly in a letter of wishes or statement.
- Keep records of significant lifetime gifts.
- Review your Will after major life events, such as a new relationship, a separation or a change in someone’s needs.
- Make sure the Will is signed and witnessed correctly, so its validity is not in question.
No approach can rule out a claim completely. However, careful drafting and a clear record of your reasons reduce the risk and help your executors if a claim is made.
How A.D.E. Wills can help
If you are thinking about excluding someone from your Will, Edward can talk through your options and draft a Will and letter of wishes that set out your decisions clearly. Every In-Person and Online Will comes with a personalised booklet explaining your draft Will clause by clause, so you know exactly what it says before you sign. If you need advice on a dispute or on tax, we can refer you to an appropriate professional.
To arrange a free initial chat, call 01865 507174 or email info@adewills.co.uk. You can read more about our Will writing service, or find general guidance on making a Will on GOV.UK.
