What Are the Most Common Grounds for Disinheritance?

INTRODUCTION

What is Disinheritance?

Disinheritance, or "writing somebody out of a Will," can be defined as "preventing somebody from receiving any of your Estate after your death."

If you are the Testator, disinheritance occurs when you take steps to ensure that a specific individual is excluded from inheriting anything from your Estate.

If you are the Beneficiary, disinheritance occurs when the Testator removes you from their Will.

The Complexity of Disinheritance and Family Relationships

Disinheritance from a Will shouldn't come as a surprise to you, given how complicated family relationships can get at times. And these cases occur more frequently than you might expect.

It's sometimes tempting to assume that disinheriting someone might be borne out of negativity or coldheartedness. But we shouldn't write off the powerful emotional and psychological factors behind such a decision, which can substantially impact both the disinherited person and the Testator. We've all heard the stories of emotional devastation, not just about money or assets, but the ongoing pain of legal battles.

For the Testator, taking someone out of a Will—especially if it involves a child—is not always an easy or sensible choice. On the surface, the reasons might appear clear-cut and rational, but this can often be a gut-wrenching and heartbreaking one.

The Seven Main Causes of Inheritance

In this article, we present the seven leading causes of disinheritance. We start with the more common or straightforward reasons and then move to more complex scenarios to provide a balanced perspective from both the Testator's and the disinherited person's perspectives, shedding light on some of the more misunderstood aspects of these decisions.

1. FAMILY ESTRANGEMENT/BREAKDOWN OF RELATIONSHIP/FRIENDSHIP

A decision to disinherit is often driven by heartbreaking reasons such as estrangement or a relationship breakdown. If you've had a serious falling out with somebody, you might naturally be hesitant to include a friend or relative in your Will.

This choice can be particularly difficult for family members where estrangement has lasted for several years. Feelings can range from relief and acceptance to confusion and anger. Always remember that such a choice frequently reflects more profound, more persistent problems in the relationship.

When it comes to children, it can never be an easy decision for the Testator to deny a child's inheritance since, legally speaking, it means the Testator no longer considers them an heir. Likewise, for the person being disinherited, it can also be a source of emotional distress and a sense of loss.

Understanding the gravity of this situation can often be grounds to address any underlying issues before reaching the point of permanent legal action.

2. CONFLICT OF INTEREST

Disinheriting a child due to a conflict of interest is frequently born from conflicting, deeply held values and beliefs.

Parents and children can disagree on many things, such as parenting styles, lifestyle decisions, religious or political convictions, and even moral and ethical standards. These disagreements can seriously damage relationships and emotional bonds and lead to disinheriting a child.

When parents divorce, this situation becomes even more complex because kids may unintentionally be forced to choose a side, which could lead to deteriorating tensions within the family even further.

In these cases, deciding not to inherit is rarely easy and is fraught with emotion for both the parent and child. After all, it's a painful admission for the parent that their and their child's values cannot be reconciled.

Being disinherited simply because of conflicting lifestyle choices or beliefs can be extremely painful for the child, possibly resulting in long-term emotional effects and a sense of estrangement from the family.

For anybody involved in such a scenario, it's vital to consider the long-term impact of such a disinheritance decision on all parties. Even in cases of irreconcilable perspectives, understanding and empathising with one another's viewpoints can sometimes lead to a resolution that may ultimately prevent the finality of disinheritance.

3. DIVORCE OR REMARRYING

Remember that most people leave the majority of their estate to their spouse. But if you divorce, you don't want this arrangement to stay in place - or do you?

Remember that if you fail to update your estate plan following a divorce and/or starting a new relationship, you may end up with a situation where you leave some loved ones with less inheritance than you wish.

Or what about a situation where your wife/husband inherits your estate on your death, remarries, and leaves 'your' estate to her/his new partner and children. In this scenario, you may have just disinherited your own children without even realising it.

That's why it's vital to update your estate plan after any divorce or remarriage.

Imagine a scenario where you die, and your spouse/civil partner inherits your Estate and then remarries. In this scenario, there's a good chance your Estate will go to your spouse's new spouse and children. In this scenario, you may have inadvertently disinherited your children without realising it.

In the case of divorce or remarriage, you must make adjustments to your estate plan to ensure that your wishes are honoured and your assets are distributed as you have intended. It's an obvious safeguard against unintentional disinheritance, supporting the people you love even as family dynamics change.

4. HEALTH/MEDICAL REASONS

Sometimes, a Testator may disinherit an individual, mainly out of "duty of care" or a concern for a Beneficiary's welfare and care.

For example, a Testator may have a daughter who refuses treatment for a mental health issue or a son who refuses treatment for an addiction. In these situations, the Testator may temporarily disinherit their child to motivate them to seek help.

Usually, the intention behind such a decision is protective rather than punitive, intending to use the inheritance as leverage to incentivise the Beneficiary to improve their health.

Conversely, a Beneficiary ("Beneficiary 1") may experience sudden or drastic changes in their health condition. This may lead the Testator to disinherit another individual ("Beneficiary 2") out of a duty of care to Beneficiary 1, who is ill. This decision would allow the Testator to distribute more of their Estate to Beneficiary 1, who needs it more on medical grounds.

In estate planning, this can often be an emotionally charged decision, calling for striking a careful balance between treating other Beneficiaries like Beneficiary 2 fairly and having a duty of care to Beneficiary 1. These decisions are never taken lightly and frequently require detailed analysis of the long-term effects on every person named in the Will.

5. NEED (OR LACK OF NEED)

A Testator may often decide to disinherit a Beneficiary if the Beneficiary's financial or economic circumstances have changed significantly.

This decision is frequently motivated by a wish to divide the Estate more fairly, considering each Beneficiary's different and often fluctuating needs. For example, a Testator may notice that one Beneficiary needs less inheritance than the others, possibly because of good fortune or financial success. In these circumstances, the Testator may support others with more significant financial needs by reducing or disinheriting the more financially secure Beneficiary's inheritance.

On the other hand, worries about reckless financial behaviour may also come into play. A Testator may withhold or reduce a Beneficiary's share if they believe that person will waste their inheritance on pointless or irresponsible purchases. This is frequently regarded as a protective measure to keep the Estate from being misused, ensuring it goes to other Beneficiaries who might need it more.

Suppose you're a Testator and are concerned about how your Estate may be used. In that case, you can circumvent the issue of disinheritance by setting up a Trust, which can specify precise guidelines under which an Estate is disbursed.

6. PHILANTHROPIC DECISIONS

Leaving your Estate to charitable or philanthropic causes can frequently result in loved ones feeling cut out of your Will. It happens more frequently than we think.

For example, take the case reported in The Telegraph of Don Day, an 85-year-old former accountant who bequeathed his £1 million Estate to the Alzheimer's Society. Several things played a part in Day's decision, including his appreciation for the assistance the Society gave to his dementia-stricken wife and the fact that he and his daughter were no longer on speaking terms.

In this case, the choice to donate his Estate to charity reflected Day's family's and his unique circumstances, in addition to expressing gratitude. However, these decisions can occur when family relationships are strained or when the Testator feels their Estate can have a more significant impact through philanthropic endeavours than simply giving their Estate to their children.

These choices can often have a devastating impact on families, even though they are frequently very personal and represent the Testator's personal beliefs and life experiences. If you're thinking of making such a decision, it's vital to clearly and unambiguously communicate your estate planning intentions and consider the possible emotional toll on those loved ones who are expected to inherit from your Will. 

7. DISTRIBUTION OF PREVIOUS INHERITANCE

We often like to give a substantial gift to loved ones throughout our lives, not just after we pass away. Giving large cash gifts to family members while still living is common, and the main reason is primarily to support essential life events.

For example, given the challenges of getting onto the property ladder for many young people these days, many parents may decide to help their children with a down payment for a home. In such cases, the Testator may alter their Estate's distribution after death to offset this early financial assistance.

To provide a more equitable distribution among all Beneficiaries, the Testator may choose to balance this early financial assistance by adjusting the distribution of their Estate after they die. But this could involve disinheriting those who already received sizeable gifts while the Testator was still alive or reducing their share to ensure a fair distribution of remaining assets among the named Beneficiaries.

Even though this justification for disinheritance is perceived to be based on fairness, it's still vitally important for the Testator to communicate their intentions to all Beneficiaries to avoid potential misunderstanding or disappointment later. 

CONCLUSION: APPROACH WITH CAUTION

As a first step, we advise you to approach this subject extremely carefully, rationally, and with a degree of compassion. ​When reaching a decision about disinheriting somebody, it's important that you specify your exact reasons. Otherwise, you'll end up with a messy emotional and legal situation that could cause more damage than you intended.

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