Can I Exclude Someone From My Will?

Yes, you can exclude almost anyone from your will — but some people can challenge that decision after you die. Here's how to make your wishes as secure as possible.

This is a sensitive topic, but it's more common than you'd think. Family relationships are complicated. You have the right to leave your estate to whoever you choose — with some important caveats.

Your Right to Choose

In England and Wales, there's no legal requirement to leave anything to:

• Your children (even minor children)
• Your siblings
• Your parents
• Extended family
• Friends

You can leave your entire estate to charity, a distant acquaintance, or your cat if you want. Your will, your choice.

However: Certain people can make a claim against your estate if they believe they weren't left "reasonable financial provision." This doesn't prevent you from excluding them — it just means they might challenge it later.

Who Can Make a Claim?

Under the Inheritance (Provision for Family and Dependants) Act 1975, these people can apply to court:

• Spouse or civil partner — strongest claim
• Former spouse (who hasn't remarried) — can claim maintenance
• Cohabitant (2+ years living together) — can claim maintenance
• Children (including adult children) — can claim, but adults face higher bar
• Anyone treated as a child of the family — stepchildren, etc.
• Anyone financially dependent on you — rare but possible

What "Reasonable Financial Provision" Means

For a spouse: What they'd reasonably receive on divorce.

For everyone else: What's needed for maintenance — typically much less than the spouse would get.

A wealthy adult child with their own income has very little basis for a successful claim. A disabled child or dependent relative has more.

Excluding Children

Adult Children

You can exclude adult children from your will. They can make an Inheritance Act claim, but success depends on:

• Their financial circumstances (wealthy = weak claim)
• Whether they were financially dependent on you
• Any moral obligation (did you promise them something?)
• The size of your estate

To strengthen your position:

• Document your reasons in a side letter
• Show you considered their circumstances
• Make clear this was a deliberate, considered choice
• Consider leaving a small token amount (makes it harder to claim you "forgot")

Minor Children

You can technically exclude minor children too, but:

• Courts are very sympathetic to minor children's claims
• They have an obvious need for financial provision
• Unless someone else is fully providing for them, a claim is likely to succeed

If you have minor children, excluding them entirely is rarely advisable unless there are exceptional circumstances.

Excluding a Spouse

This is the most difficult exclusion to make stick. A spouse has:

• The strongest claim under the Inheritance Act
• Rights similar to what they'd get on divorce
• Court sympathy, especially after a long marriage

If you're married and want to exclude your spouse:

• Consider getting divorced first (your will is revoked anyway)
• A separation agreement may help define expectations
• Document reasons extensively
• Expect a challenge — plan for it

How to Exclude Someone Properly

Option 1: Simply Don't Include Them

Leave your estate to the people you DO want to benefit. There's no need to specifically name people you're excluding.

Option 2: Explicit Exclusion Clause

Some people add a clause like:

"I have deliberately chosen not to make any provision for my son John Smith in this will."

This makes your intention crystal clear.

Option 3: Token Gift

Leave a small amount (£100, £500) to show you remembered them but chose to limit their inheritance. This can demonstrate the exclusion was deliberate, not an oversight.

Option 4: Letter of Explanation

Write a letter to be kept with your will explaining your reasons. This isn't legally binding but can be powerful evidence if there's a challenge. For example:

"I have chosen not to leave anything to my daughter Emma because: (1) She has been financially independent for 20 years; (2) I gave her £50,000 toward her house in 2015; (3) We have been estranged since 2018 following [circumstances]. This decision is made freely and after careful consideration."

Reasons That Hold Up Well

• Lifetime gifts already made — you've already given them their share
• They're financially secure — no need for provision
• Long-term estrangement — especially if they initiated it
• They've behaved badly — documented misconduct
• Others need it more — disabled sibling, dependent relative

Reasons That Are Risky

• Recent falling out — might look like a rash decision
• Disapproval of lifestyle — courts don't love this
• New partner's influence — looks like undue influence
• No clear reason — makes deliberate deprivation harder to prove

Protecting Your Decision

1. Use a solicitor — professional will reduces challenge success
2. Get a capacity assessment — if there's any health concern
3. Document your reasoning — letter of wishes explaining why
4. Make sure it's witnessed properly — technical failures void wills
5. Review regularly — current will harder to challenge than old one
6. Tell your executors — so they're prepared for potential challenge

What If Your Decision Is Challenged?

If someone makes an Inheritance Act claim:

• Your executors defend your will using estate funds
• The court considers the claimant's needs and your documented reasons
• Most claims settle before trial
• Court can vary your will to make "reasonable provision"

Good documentation and professional advice make successful challenges much less likely.

The Old Way vs Our Way

The Old Way	Our Way
Just leave them out and hope	Document your reasons properly
DIY will, no explanation	Professional will with letter of wishes
Family fights after you're gone	Clear intentions, harder to challenge
Expensive court battles	Prevention through proper planning