Family relationships can be complicated. When it comes to planning your estate, you have the right to decide exactly who should — and should not — benefit from your Will. It’s not uncommon for someone to want to make sure that a son-in-law (or daughter-in-law) does not inherit, particularly if you want your estate to stay within your direct family line.
Can You Exclude a Son-in-Law from Your Will?
Yes, you can. In England, we have testamentary freedom which means that you are free to leave your estate to whomever you choose. However, it’s important to plan carefully to make sure your wishes are respected after you die.
It is also important to think about how and why you wish to exclude them. Sometimes, it is better to remain silent and simply not include someone in your will, rather than to specifically state you are excluding them. This prevents potential upset where someone is excluded from an inheritance where they may not even have been expecting to inherit.
How to Prevent Indirect Inheritance
Even if you don’t name your son-in-law in your Will, he could still benefit indirectly if your child inherits everything and later passes some of that wealth on to their spouse. Often, this is part of being in a marriage and sharing of finances can be very common but there may be specific reasons that you want to exclude them – you may be concerned that they cannot manage finances properly, they may be in receipt of benefits or you may be concerned about future divorce.
There are a few ways to minimise this risk:
- Leave your child’s inheritance in trust
A trust can ring-fence your child’s inheritance so that it can be used for their benefit during their lifetime but doesn’t automatically pass to their spouse if they separate, divorce, or die. - Gift assets directly to grandchildren
If your main aim is to ensure that your grandchildren benefit, you can name them as direct beneficiaries or create a trust for their future needs. - Encourage pre- or post-nuptial agreements
Such agreements can help protect family wealth and show a clear intention that inherited assets should stay outside of marital finances.
Can a Son-in-Law Challenge a Will?
In most cases, a son-in-law has no automatic right to make a claim against your estate.
When to Review Your Will
It’s sensible to review your Will every few years or after major life events such as:
- A marriage, divorce, or separation in the family
- The birth of grandchildren
- The death of a family member
- Significant changes in finances or property ownership
This ensures your Will still reflects your intentions and that excluded individuals can’t benefit unintentionally.
How We Can Help
We can guide you through the process of writing or updating your Will to make sure it accurately reflects your wishes and protects your family’s inheritance.
