Can I Exclude someone from my Will?

The simple answer is Yes! 

Under the Law in England and Wales you generally have the right to leave your estate to whomever you choose.  The principle is known as testamentary freedom meaning you are not legally required to include any specific individuals in your Will.

Whatever your reasoning the good news is that you can disinherit the individual from receiving anything in your estate.

Setting out your wishes clearly will help explain to a disinherited individual why you have made the decision and could also be used in Court should a case be brought by that individual.   It may be that the individual has won the lottery and quite frankly does not need any assets from yourself or more often the circumstances are more sad.  There could have been a breakdown of a relationship, or a fall out, emotional estrangement happens to the best of us.

If you do intend to exclude someone in your Will then it is important to make your wishes absolutely clear.  There are several ways you can do this: 

• You can include these in a Letter of Wishes explaining why you have excluded a person.  While the Letter of Wishes is not legal binding it does provide the Court with insight into your reasoning if a claim is made.
• Ensure your Will is legally valid.  A Will can be challenged on the basis that it was not property executed so it is essential to follow the correct legal formalities.
• Rather than excluding someone entirely some solicitors will suggest leaving a small financial gift or a specific item of sentimental value bequeathed rather than nothing at all.  This may encourage the individual to reconsider making a challenge against the Will and accept what has been left to them.
• Placing assets in a trust can provide greater control over how assets are distributed. 

If they do not accept what has been left to them they can make a claim against your estate under the Inheritance (Provision for Family and Dependents) Act 1975.  The law allows for certain people to apply to the Court for reasonable financial provision if they were financially dependent on you. 

For personalised advice and support, please contact our Private Client team who will be more than happy to assist you.