Can I exclude someone from my Will?

Have you fallen out with someone in your family?

Does it worry you that someone who’s no longer in your life might inherit from you? If so, it’s time to make your Will.

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We understand discussing why you’ve lost contact can be painful. We promise kindness and understanding. It doesn’t matter why you’ve had a disagreement or the circumstances. Our role is to give you impartial advice. We won’t judge anyone - and you can always count on our discretion. Everything you tell us is completely confidential.

Research by Stand Alone, a UK charity supporting those deliberately parted from relatives, suggests that estrangement affects at least one in five British families. You’re not alone, and there are simple solutions.

What is testamentary freedom?

Under English Law, every adult has “Testamentary Freedom” to make their Will however they wish. You can leave your estate to your friends, family members and charities you choose.

However, the Inheritance (Provision for Family and Dependants) Act 1975 says that your Will can be challenged if you don’t make suitable provision for people who depend on you. Spouses (and ex-spouses), civil partners, children, and anyone you regularly pay money to may be able to claim. This includes maintenance and alimony payments or money you spend on someone else’s rent or bills. If someone lives in a property you own rent-free, they could expect a home for life.

Deliberately leaving someone out of your Will needs careful consideration. We can help you understand the possible consequences and what action you might want to take,

At Carisma Wills, our consultants make clients aware of the risks of a challenge and possible outcomes. Although it is a costly and time-consuming court process to make a claim, many disgruntled dependents do. You may have read about the “ice cream millionaire” whose family have been through the court process. Big-money cases often make headlines. When more is at stake, there’s more chance of a challenge.

According to a recent IRN Legal Report, law firms offering advice in contentious wills, trusts, and probate has doubled since 2018. The market passed the £2 billion mark in 2021 and is expected to reach £2.4 billion by 2025.

Often, when someone leaves their estate to their partner, children from a previous relationship feel let down and unhappy. They can’t understand why they’re not included, leading to resentment. Adult children don’t have a right to inherit from a parent, but they may feel they should.

What can you do if you are estranged from your adult child?

1. Consider giving your son or daughter a specific gift to acknowledge they exist and demonstrate they are not forgotten. If you’ve included them with a memento or sum of money, they may be less likely to contest your Will.

2. Write a letter explaining your reasons to your executors. We can guide you with the wording, but the most effective letters are handwritten and come from the heart. It’s important not to include the letter as part of your Will - it should sit alongside it.

Using a professional legal service is a sensible way to try to avoid a challenge. An experienced Will writer can guide you in ensuring your wishes have the best chance of being followed. Make sure you get expert advice from a qualified professional.

Contact us today. We’re here to help.

Please note that information provided on the Carisma Wills website:

• Does not provide a complete or authoritative statement of the law;

• Does not constitute legal advice by Carisma Wills;

• Does not form part of any other advice, whether paid or free.