you to decide who inherits your estate, protect your loved ones, and make sure your wishes are respected. One of the most unique features of making a Will in England is our ability to leave anything to anyone, and therefore to also exclude someone.
But what happens if you want to exclude someone from your Will? Whether it’s an estranged family member, former partner, or adult child, it’s possible to leave someone out — but it needs to be handled carefully to reduce the risk of disputes later.
We understand that every family is different and that sometimes there are challenges in our relationships with family. Our role is to help you express your wishes clearly, legally, and with minimal risk of challenge.
Can You Legally Exclude Someone from Your Will?
In England and Wales, you have something called ‘testamentary freedom’ — the legal right to decide who should (and shouldn’t) inherit from your estate. That means you can exclude anyone, even close relatives, if you wish.
However, certain people can later challenge your Will under the Inheritance (Provision for Family and Dependants) Act 1975, if they believe they were financially dependent on you or unfairly left out.
These might include:
- Your spouse or civil partner
- Your former spouse or civil partner (if not remarried)
- A cohabiting partner
- Your children or step-children
- Anyone financially dependent on you
How to Exclude Someone from Your Will Safely
If you decide to exclude an individual, you should make sure your Will and supporting documents make your wishes clear.
This may involve:
- Using clear and unambiguous wording
Your Will can specifically name the person you wish to exclude and confirm that the omission is deliberate. This can help prevent claims that it was an oversight or drafting error. - Preparing a separate “Letter of Wishes”
This confidential letter explains your reasons for excluding someone. It’s not legally binding, but it provides context if your Will is challenged. It can show that you made a considered, informed decision — not one made under pressure or misunderstanding. - Reviewing your Will regularly
Circumstances change. Estrangements may heal, financial dependencies may arise, or new relationships may form. Keeping your Will up to date ensures it still reflects your current intentions. - Avoiding joint ownership pitfalls
Remember that assets held jointly (like a home or joint bank account) may pass automatically to the surviving co-owner, regardless of your Will. We can advise on the best way to structure ownership if you wish to exclude a co-owner from inheriting.
Reducing the Risk of a Challenge
While you can’t guarantee that a Will won’t be contested, a professionally drafted Will significantly reduces that risk.
We recommend:
- Taking specialist legal advice when excluding close family
- Keeping written evidence of your reasoning and capacity
- Considering leaving a small legacy to the excluded person (sometimes strategic in discouraging claims or including a non-contest clause)
- Discussing your decision privately with your solicitor rather than family members
- Meeting your solicitor alone to give your instructions
How We Can Help
We have extensive experience drafting and updating Wills for individuals in complex family situations. We’ll guide you through every step with sensitivity and discretion, helping you:
- Clearly record your wishes
- Protect your estate from disputes
- Ensure your Will is valid and legally sound
- Plan ahead to minimise emotional and financial stress for loved ones
