Can I Disinherit My Children in the UK?

You have wide freedom, but not absolute freedom

In England and Wales, the law gives you considerable freedom to leave your estate to whoever you choose. You can exclude your children from your will. It is not illegal, and in some circumstances it is entirely reasonable.

But it is not risk-free.

The Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to court for "reasonable financial provision" from your estate, even if you have left them nothing in your will.

Children are among those who can make a claim. This includes adult children, not just minors.

For adult children, the key question is financial dependency. A court will consider whether they were financially dependent on you, whether they have reasonable needs the estate could meet, and what your reasons were for excluding them. An adult child who is financially independent and has no particular needs is unlikely to succeed. An adult child who depended on you financially has a much stronger case.

For minor children, courts have broader discretion and are more likely to award provision.

How to reduce the risk of a successful claim

If you want to exclude a child from your will, a few practical steps are worth taking.

Be explicit. Name the child in your will and state clearly they are to receive nothing. This is stronger than simply not mentioning them. A deliberate exclusion carries more weight than a silent omission.

Write a letter of wishes. This is a private document that accompanies your will and explains your reasons. It is not legally binding, but it gives your executor and any court considering a claim important context about your intentions. A clear, honest letter can significantly strengthen your estate's position if a challenge is made.

Keep everything updated. If your circumstances change — a reconciliation, a change in the child's financial situation — update both your will and your letter of wishes to reflect that.

When to take legal advice

If you are seriously considering excluding a child, particularly one who has been financially dependent on you or who has significant needs, take advice from a solicitor before finalising your will.

PureWill is designed for straightforward situations. A will that intentionally excludes someone who may bring a claim is a situation where professional advice is genuinely worth having.