Excluding someone from your Will – Can you do it? It is an interesting question and something that needs to be explored because of the ever-increasing number of people that do not want certain members of their families to be able to benefit from their estates. Laura Richardson discusses the key issues associated with excluding someone from your Will . . .

Under UK law, you can choose whom you bequeath your assets to by making a valid Will. Therefore, conversely, you can also choose whom to leave out of your Will. The simplest way to leave someone out of your Will would seemingly be to not mention them within your Will, however, under the Inheritance (Provision for Family and Dependants) Act 1975, certain persons are entitled to challenge your Will in Court if they feel that they have not been properly provided for within your Will. The persons that are eligible to challenge your Will under this Act are:

  • Any beneficiary within your Will
  • Anyone that you promised to include within your Will
  • Anyone who has been written out of your Will
  • Any party affected by your Will, or an earlier version of your Will
  • Any person related to you
  • Any person who was dependent upon you.

This is an incredibly wide-reaching list of eligible persons. If the person that you would like to exclude from your Will falls into one of the above categories then you may wish to exclude them explicitly in the form of a Deliberate Exclusion or Non-Provision clause within your Will. This clause states in simple terms that you do not wish a certain named person to inherit any part of your Estate. However, it is important to understand that when you die your Will becomes a public record (once probate has been granted) and therefore will be seen by any member of the public who chooses to read your Will that could potentially challenge your Will. This could cause upset or distress if the person in question was unaware of your feelings on the matter. Furthermore, if the excluded person falls under one of the eligible categories listed above, it is possible for them to contest your Will, even if they have been specifically mentioned in an Exclusion or Non-Provision clause. Therefore, if you do decide to include a Deliberate Exclusion clause or a Non-Provision clause within your Will it is advisable to enclose a formally written Letter of Wishes to be stored alongside your Will which can explain your decision in more detail and further support your case should the excluded party decide to challenge your Will in Court.

If you would like to discuss excluding someone from your Will, or how to protect your Will from being contested, Andrew Douglas Wills & Legal Services offer a free initial consultation during which your concerns and wishes can be discussed in confidence with our experienced Will-writing experts. We welcome enquiries from across the UK so for more information, or to arrange your no-obligation consultation, contact Andrew Douglas Wills & Legal Services today.

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