Can You Disinherit Someone?

Can you disinherit someone?

The short answer is yes — but with limitations. In England and Wales, you have broad freedom to leave your estate to whoever you choose. There's no legal requirement to provide for any specific person.

However, certain people can challenge your will under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe they haven't received reasonable financial provision.

Who can challenge a will?

The following people can make a claim under the 1975 Act:

• Your spouse or civil partner
• Your former spouse (unless they've remarried)
• A cohabiting partner (who lived with you for at least two years before your death)
• A child of yours (of any age)
• Anyone treated as a child of the family (e.g. stepchildren)
• Anyone who was financially maintained by you immediately before your death

A successful claim doesn't necessarily mean they inherit what they would have under intestacy. The court decides what "reasonable financial provision" means based on the individual circumstances.

What the court considers

When deciding a claim, the court looks at:

• The financial resources and needs of the applicant
• The financial resources and needs of the beneficiaries
• Any obligations you had to the applicant
• The size and nature of your estate
• Any disability of the applicant or beneficiaries
• Any other relevant matter, including your reasons for excluding them

How to reduce the risk of a successful claim

If you want to exclude someone who might otherwise expect to inherit, there are steps you can take:

Record your reasons

Write a detailed letter explaining why you've excluded the person. This isn't legally required, but it helps your executors defend the will if challenged. Store it with your will.

Seek legal advice

A solicitor experienced in contested wills can help you draft your will in a way that's harder to challenge.

Include a token gift

Some advisers suggest leaving a small token gift (say £1 or £100) to the excluded person, to show you haven't simply forgotten them. Others argue this makes no legal difference. It's worth discussing with a professional.

Consider your obligations

If you're currently supporting someone financially — paying their rent, for example — stopping that support through your will could strengthen their claim. Consider whether a modest provision might prevent a costly dispute.

Common scenarios

Estranged children

You can exclude an adult child from your will, but they can still claim under the 1975 Act. Their chances depend on their financial circumstances and the overall context. An estranged adult child who is self-sufficient has a weaker claim than one who is disabled or financially dependent.

Former spouse

If you're divorced, your former spouse can claim unless they've remarried. The court will consider the divorce settlement and whether they received adequate provision at that time.

Estranged spouse

A spouse from whom you're separated (but not divorced) has strong grounds for a claim. If you want to exclude an estranged spouse, finalising the divorce first significantly weakens their position.

What you cannot do

While you have broad testamentary freedom, your will cannot:

• Include conditions that are illegal, impossible, or contrary to public policy
• Discriminate in ways that are clearly unreasonable (the court has discretion to vary the will)
• Override trust structures that exist independently of your will

The practical approach

If you want to exclude someone from your will:

1. Make a will — without one, the intestacy rules apply and you have no say at all
2. Record your reasons in writing
3. Get professional advice if the exclusion is likely to be contested
4. Review your will regularly, especially if circumstances change
5. Consider whether a modest provision might prevent a costly dispute

The most important thing is to have a valid, clearly drafted will that reflects your genuine wishes. While no will is completely challenge-proof, a well-drafted will with documented reasoning gives your executors the best chance of defending your intentions.

Need help with a will dispute?

If you're dealing with a will that you believe is unfair, or if someone is contesting a will that affects you, specialist advice is essential. C-PAID are specialists in contentious probate and inheritance disputes, and offer free initial consultations. They can advise on whether you have grounds for a claim, or help defend a will that's being challenged.