Excluding Someone From Your Will

You can leave someone out of your will, but in England and Wales some people can still make a claim. Here is how to reduce the risk of a challenge.

You can leave someone out, within limits

England and Wales has no forced heirship. You're free to leave your estate to whoever you like, and to leave out people who might expect to inherit, including adult children. But "free to" isn't quite the same as "without risk". A small group of people can still ask a court to step in.

Who can claim

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply for "reasonable financial provision" if your will doesn't provide for them. That includes spouses and civil partners, former spouses who haven't remarried, children (adult children too, in some cases), and people who depended on you financially. A claim doesn't automatically win, but defending one is slow and expensive.

A no-contest clause is not a magic shield

A no-contest clause says a beneficiary loses their gift if they challenge the will. It only works on someone who's been left enough to think twice about risking, so it does nothing against a person you've cut out entirely. These clauses can deter a challenge in the right case. On their own, they're not reliable.

What actually helps

The practical steps are simple. Make a clear, valid will so your intentions aren't in doubt. Leave a separate letter explaining your reasons; it won't bind a court, but it can carry weight. And if you're deliberately leaving out a spouse, a dependant, or a child who relies on you, get advice first, because those are the cases most likely to end in a claim.

When to see a solicitor

If you expect a fight, whether from an estranged relative, a disinherited child or a former partner, a solicitor can help you write the will and the supporting evidence so it stands up. PureWill is built for straightforward wishes, not contested ones.

Ready to write your own will? Takes 20 minutes. From £79.

Start my will →
Is your situation complex? Blended family, overseas property, business interests, or trusts? Please find a qualified solicitor. PureWill is for straightforward estates only.

More guides