What Steps Can I Take to Exclude Someone from My Will?

INTRODUCTION – HANDLING THE COMPLEXITIES OF DISINHERITANCE

In estate planning, choosing who to leave out can be as important as choosing who to include.

You have the legal right to disinherit an individual under English law, but doing so has both practical and emotional ramifications. That's why it's essential to understand the necessary steps to ensure your instructions are correctly carried out and to thoroughly weigh the benefits and possible drawbacks of such a choice.

This article guides you through the steps required to remove someone correctly and legally from your Will. We address the most frequent queries and situations you may run into, from knowing your rights and obligations to handling any legal issues, taking into account delicate matters such as family dynamics and the potential for legal disputes, and ensuring your instructions are carried out after you pass away.

ARE YOUR REASONS FOR DISINHERITING SOMEBODY JUSTIFIED?

We've all heard stories about people being disinherited from a Will, and often, it's tempting to ask what kind of person would commit such a cruel act.

But bear in mind that there are often some very logical and entirely rational reasons for disinheriting somebody from their Will. Furthermore, it can often be a gut-wrenching decision for the person who decides on this course of action.

We advise you to consult our other related FAQ articles, outlining the specific circumstances for disinheriting somebody from your Will, such as “What Are the Most Common Grounds for Disinheritance?”

WHAT ARE THE CONSEQUENCES OF NOT DISINHERITING SOMEBODY FROM MY WILL?

Remember that if you don't disinherit someone from your Will, they may be entitled to a share of your Estate if you die without making a Will or if your Will does not make sufficient provision for them.

In such cases, the person may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

CAN A DISINHERITED PERSON CHALLENGE MY WILL?

Yes. The court may consider the reasons for the disinheritance and assess whether your wishes were reasonable.

If the court finds that your reasons for disinheriting the person are unjustified or that your wishes are unreasonable, it may order that the person receive a share of your Estate.

IS IT POSSIBLE TO DISINHERIT A DEPENDENT?

A “dependent” person is regarded as an individual who has relied on you financially up to the point of your death.

Yes, you can disinherit a dependent, but bear in mind that they can still make a claim on your Estate through the courts under the Family and Dependents Act 1975 in the case where they've been excluded from your Will.

For the excluded person to make a successful claim, they must demonstrate that they have no other financial means of support and are in dire financial need.

There is a famous court case (Illot v Mitson, 1975) whereby a mother excluded her daughter from the Will, with the instructions that the entirety of her Estate should go to charity. The daughter disputed this under the 'Family & Dependents Act 1975' and was awarded an initial £50,000 provision. *

(*The case was later disputed. See her for full summary of the case).

IS DISINHERITING SOMEONE POSSIBLE IF I HAVE CHILDREN?

Yes, it is possible to disinherit someone from your Will, even if you have children.

However, bear in mind the impact this decision will have on your relationship with that child (and your other children), and assess whether it's in their best interest to be disinherited.

We've laid out various reasons for disinheriting somebody in another article called "What Are the Most Common Grounds for Disinheritance?"

CAN I REINCLUDE SOMEONE IN MY WILL AFTER INITIALLY DISINHERITING THEM?

Yes, you can change your mind and include the person in your Means Test again after disinheriting them. To do this, you must make a new Means Test that includes the person in question.

IS DISINHERITING SOMEONE POSSIBLE WHILE MARRIED OR IN A CIVIL PARTNERSHIP?

Yes, it is possible to disinherit someone from your Means Test, even if you are married or in a civil partnership.

However, bear in mind that your spouse or civil partner may have certain rights over your Estate, even if you disinherit them in your Means Test. Our other articles will explain this in more detail.

CAN I DISINHERIT SOMEONE WHO HAS RECEIVED GIFTS FROM ME DURING MY LIFETIME?

Yes. You can still disinherit someone from your Will, even if you have made gifts to them during your lifetime.

However, any gifts you have made will invariably impact the amount of inheritance they are entitled to if they make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

HOW CAN I ENSURE MY WISHES ARE FOLLOWED IF I DISINHERIT SOMEONE?

The onus is on you to ensure that your Means Test has been properly executed and witnessed in accordance with the requirements under English law.

In cases where you are not sure about the process, please get in contact with us, and we'd be happy to lay out the steps. Some circumstances will require specialist legal advice, and if we determine that's the case, we'd be glad to put you in contact with one of our legal partners. 

WHAT IS THE PROCESS FOR DISINHERITING SOMEONE FROM MY WILL?

Disinheriting someone from your Means Test involves making a new Means Test explicitly stating that the person in question will not receive any inheritance. It is essential to ensure that the new Means Test is properly executed and witnessed in accordance with the requirements of English law.

Need to know more or you’d like to discuss your options?

Simply book a callback.

Alternatively, call us on 01233 659 796.

Or use this contact form to reach out to us.