Estranged Family: How to Disinherit Properly in the UK

James hadn't spoken to his daughter in 11 years. After years of attempted reconciliation following her financial abuse of his late wife, he'd finally accepted the estrangement. At 68, he wanted to leave his £340,000 estate to his two grandchildren—the children his daughter had cut him off from—and to the dementia charity that had supported his wife.

He believed that by writing a will explicitly excluding his daughter, the matter was settled.

He was wrong. Under UK law, his daughter could challenge his will under the Inheritance (Provision for Family and Dependants) Act 1975, regardless of their estrangement. The number of probate disputes has increased to an average of 992 per month in 2024, up from 867 per month in 2023—a trend that continues to climb year after year. Approximately 20% of UK families experience estrangement, yet most people don't realize that simply excluding someone from a will doesn't guarantee they can't claim against your estate.

This article explains the uncomfortable truth about disinheritance in the UK: you have near-total testamentary freedom to exclude anyone you want—but certain family members have the legal right to challenge that decision. Here's how to disinherit properly while minimizing the risk your will can be overturned.

The Reality of Testamentary Freedom in England and Wales

You can legally disinherit anyone in England and Wales. Full stop.

Under the principle of testamentary freedom, you have the right to leave your estate to anyone you wish—complete strangers, distant cousins, charities, your favourite neighbour. You don't need anyone's permission. You don't need to provide reasons. You don't need to justify your choices.

Simply omitting someone's name from your will is legally valid exclusion. If you want to be even clearer, you can include an explicit exclusion clause: "I deliberately make no provision for [name] and acknowledge this exclusion is intentional."

There's no concept of "forced heirship" in England and Wales—no automatic inheritance rights for adult children, no requirement to leave anything to anyone. This is fundamentally different from many European countries where the law dictates minimum inheritances for close family.

But here's the critical exception that most people miss.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to challenge your will if they believe it fails to make "reasonable financial provision" for them. They can't override your wishes automatically, but they can ask a court to award them money from your estate—even if you explicitly excluded them.

And these challenges are becoming more common. Probate disputes that end up in court have increased by 37% over the past decade, with family estrangement cases forming a significant portion of these claims.

Your testamentary freedom is real, but it's not absolute. You can disinherit—but you need to understand who can challenge and how to strengthen your position.

Who Can Challenge Your Will Under the 1975 Act

Not everyone can challenge your will. The Inheritance Act 1975 limits claims to six specific categories of people, regardless of estrangement:

Spouses and civil partners have the strongest claim. They're entitled to what's reasonable in all circumstances, not just basic maintenance. Even if you've been estranged, a surviving spouse can claim a share comparable to what they'd receive in a divorce settlement.

Former spouses and civil partners can claim if they haven't remarried or entered a new civil partnership and haven't received a full financial settlement in divorce proceedings. Years of estrangement don't automatically disqualify them.

Children—of any age—can bring claims. This includes biological and adopted children. Your 45-year-old estranged son has exactly the same legal standing to challenge as a minor child. Adult children must show they need the provision for their "maintenance," but case law shows this can include funds for retraining, housing deposits, or clearing debts that prevent financial independence.

People treated as "children of the family" includes step-children you raised, even if you never formally adopted them. If you acted as a parental figure, they may have grounds to claim.

People who were being maintained by you immediately before death can claim. This includes unmarried partners who lived with you, adult children you were supporting financially, or elderly relatives you were caring for.

Age is not a barrier. Estrangement alone is not a disqualification.

Emma, 42, had been estranged from her father for 15 years after disagreements about her marriage. When he died leaving his entire £280,000 estate to charity, she brought an Inheritance Act claim. The court awarded her £30,000 to fund veterinary training, finding that despite the estrangement, reasonable provision should include helping her achieve financial independence.

Legal standing to bring a claim is different from having a successful claim. Courts don't automatically award money to estranged family members. But if someone falls into one of these six categories, they can force your estate into expensive legal proceedings—even if they ultimately lose.

How Courts Decide Inheritance Act Claims

When someone challenges your will under the 1975 Act, the court asks one question: "Has the will made reasonable financial provision for the claimant?"

What's "reasonable" depends on who's claiming.

For spouses and civil partners, the test is broad: what's reasonable in all the circumstances. Courts consider what they might have received in a divorce, their contributions to the marriage, their age, health, and financial needs. Estrangement matters, but it doesn't automatically defeat a claim.

For adult children, the test is narrower: provision needed for their "maintenance." This doesn't mean mere survival—courts have interpreted maintenance to include what's necessary to achieve financial independence. That might mean housing, debt clearance, or retraining funds.

But maintenance doesn't mean luxury. An adult child with a comfortable career and no financial dependency will struggle to win a claim based purely on estrangement being "unfair."

The court weighs multiple factors:

Financial resources and needs of the claimant now and in the foreseeable future
Financial resources and needs of other beneficiaries who actually received inheritance
Obligations and responsibilities the deceased had toward the claimant
Size and nature of the estate—£50,000 from a £500,000 estate looks different than £50,000 from a £120,000 estate
Physical or mental disability of any claimant or beneficiary
Conduct of the claimant toward the deceased
Reasons for the estrangement—who initiated it, whether reconciliation was attempted, whether abuse occurred

This last factor is crucial. Courts don't ignore estrangement—they investigate it.

The landmark case Ilott v Mitson demonstrates how courts balance these factors. Mrs Jackson deliberately excluded her daughter Heather Ilott from her will, leaving her entire £486,000 estate to three animal charities. Mother and daughter had been estranged for 26 years—since Ilott left home at 17.

Ilott lived on state benefits with five children, in a rented housing association home. She challenged the will, arguing she needed maintenance despite the estrangement.

The case went all the way to the Supreme Court. Initially awarded £50,000, the Court of Appeal increased the award to £163,000 to buy her home. The Supreme Court reduced it back to £50,000, emphasizing respect for the mother's testamentary wishes.

The key lesson: Even with 26 years of estrangement, adult children can win claims—but they're not automatic. The Supreme Court made clear that testamentary freedom matters and courts should be slow to interfere with explicitly stated wishes.

Recent 2024 cases continue this pattern. Courts are increasingly willing to respect testamentary wishes when estrangement is well-documented and the claimant is financially self-sufficient. But when claimants can show genuine financial need that the deceased could have addressed, estrangement alone won't protect your estate.

Steps to Strengthen Your Will Against Challenges

You can't eliminate the risk of a challenge, but you can significantly reduce the likelihood one will succeed.

Create a valid, clear will. Never rely on intestacy rules. Under intestacy, estranged children inherit exactly the same as non-estranged children—the law makes no distinction whatsoever. Your estrangement means nothing without a will.

Be explicit about your intentions. Don't just omit someone's name and hope executors understand. State clearly who receives your estate. Consider including an explicit exclusion clause: "I deliberately make no provision for [name] and acknowledge this exclusion is intentional." This removes any ambiguity about whether you "forgot" to include them.

Draft a Letter of Wishes. This non-binding document accompanies your will and explains your reasoning for disinheritance. Courts consider Letters of Wishes as evidence of your intentions and state of mind.

Be specific about reasons: financial abuse, abandonment, years without contact, refusal to allow contact with grandchildren. Factual, not emotional. "I have not seen or heard from [name] in 12 years despite multiple attempts at contact" is more powerful than "they hurt me deeply."

Keep the tone measured. Avoid inflammatory language like "I hate [name]" or "they're a terrible person." Courts may view vindictive language as evidence of irrationality or temporary anger rather than considered judgment. You want to sound thoughtful, not vengeful.

Store your Letter of Wishes with your will. Make sure your executors know it exists and where to find it.

Obtain medical evidence of capacity. If possible—particularly if you're elderly or have been unwell—ask your GP to provide a letter confirming you're of sound mind. This proves you understood your decision and its consequences. It rebuts future claims of undue influence or lack of capacity, which sometimes accompany Inheritance Act challenges.

Keep documentation of the estrangement. You don't need to obsessively document every slight, but keep records of attempted contact if applicable, evidence showing the excluded person was not financially dependent on you, and any relevant communications demonstrating the nature of the relationship.

Consider protective trusts. Instead of leaving assets directly to beneficiaries, consider a discretionary trust—particularly if protecting young grandchildren from a disinherited parent's claims. Trusts add a layer of complexity that makes challenges more difficult.

Review and update regularly. Ensure your will reflects current circumstances. If your financial situation changes significantly, update your will. If the excluded person's circumstances change dramatically—becoming disabled or destitute, for example—courts may view your original decision differently.

Avoid creating new dependencies. Don't provide ongoing financial support to someone you intend to disinherit. Be cautious about allowing someone to become financially dependent on you close to the end of life—this strengthens their claim that you had a responsibility to provide for them.

None of these steps guarantee your will won't be challenged. But they make it significantly harder for a challenge to succeed.

The Letter of Wishes—What to Include

A Letter of Wishes is not legally binding, but courts consider it as valuable evidence of testamentary intent when evaluating Inheritance Act claims.

Purpose: Provide context and reasoning that may not be appropriate in the will itself. Explain the "why" behind your disinheritance decision.

Your Letter of Wishes should be factual, not emotional. Measured, not vindictive. You want to demonstrate you made this decision after careful consideration, not in a moment of anger.

What to include:

A clear opening statement: "This letter explains my decision to exclude [name] from my will."

The nature and duration of estrangement: "We have not spoken in 11 years" or "Contact ceased in 2014 following [specific incident]."

Specific reasons for the estrangement. Be factual: financial abuse with specific examples, abandonment, cutting off access to grandchildren, documented incidents rather than vague accusations.

Any attempts at reconciliation you made: "I proposed family mediation in 2019, which [name] declined" or "I sent letters attempting to rebuild our relationship in 2020 and 2021, which went unanswered."

Your emotional state and thoughtfulness: "This was a difficult decision made after much consideration and reflection."

Affirmation of capacity: "I am of sound mind and am not being influenced by anyone. This decision reflects my own wishes."

Context about alternative beneficiaries: "I have chosen to leave my estate to [names] who have been present and supportive in my life."

Date and signature.

What NOT to include:

Vindictive language or character assassination. "I hate [name]" or "they're a terrible person" undermines your credibility.

Unverifiable accusations. Don't make serious allegations you can't support with evidence.

Excessively emotional appeals that could make you appear irrational.

Anything that could suggest your decision wasn't freely made or that you were acting out of spite rather than considered judgment.

Example excerpt:

"I have decided to exclude my son, David, from my will. David and I have been estranged for nine years following his refusal to allow me contact with my grandchildren after my wife and I separated. I made numerous attempts to reconcile, including family mediation in 2019 and written appeals in 2020 and 2021, but these were unsuccessful. David is financially independent with a successful career in finance and does not require financial support from me. I have instead chosen to leave my estate to my daughter Sarah, who has maintained a close relationship with me throughout this difficult period, and to the British Heart Foundation, which supported me during my recovery from heart surgery in 2022. This decision reflects my values and the relationships that have sustained me."

Factual. Specific. Measured. This is the tone courts respect.

Scotland is Different—Legal Rights and Forced Heirship

If you're domiciled in Scotland, the guidance above does not fully apply to you. Scotland operates under completely different succession rules.

Scotland has "legal rights"—a form of forced heirship. It is virtually impossible to completely disinherit a spouse or child in Scotland.

Legal rights apply to the moveable estate only—money, shares, personal possessions, bank accounts. They don't apply to heritable property like houses and land.

Spouses, civil partners, and children are automatically entitled to fixed proportions of the moveable estate:

If you're survived by both a spouse/civil partner AND children: your spouse gets one-third of the moveable estate, and your children share one-third
If you have a spouse/civil partner but no children: your spouse gets one-half of the moveable estate
If you have children but no spouse/civil partner: your children share one-half of the moveable estate

These are called "legal rights" and they're treated as a debt against your estate. They must be paid before the residue is distributed according to your will.

Legal rights apply WHETHER OR NOT you have a will. They apply even if you're estranged from the person. They apply even if you explicitly exclude someone.

The only way to "disinherit" someone in Scotland is if they voluntarily disclaim their legal rights—which they have no obligation to do.

You can control who inherits the remaining estate after legal rights are satisfied, but you cannot override these automatic entitlements.

Aspect	England & Wales	Scotland
Testamentary freedom	Near-total freedom to exclude anyone	Limited—forced heirship applies
Can you disinherit children?	Yes (but they can challenge under 1975 Act)	No—children entitled to share of moveable estate
Can you disinherit spouse?	Yes (but they can challenge under 1975 Act)	No—spouse entitled to share of moveable estate
Challenge mechanism	Inheritance Act 1975 claim (discretionary)	Legal rights are automatic entitlements
What counts as "estate"	Entire estate	Legal rights apply only to moveable estate
Effect of estrangement	Courts consider it but doesn't prevent claims	Irrelevant—legal rights apply regardless

If you're Scottish or own property in both Scotland and England, seek specialist legal advice. Different rules may apply to different parts of your estate depending on where assets are located and where you're domiciled.

What Happens If You Die Without a Will—Intestacy Rules

If you die without a valid will, intestacy rules decide who inherits. And intestacy rules make absolutely no distinction between estranged and non-estranged family members.

Your years of estrangement mean nothing. Your reasons for the separation mean nothing. The law treats estranged children identically to devoted children.

Under current intestacy rules in England and Wales, if you're married with children, your spouse gets the first £322,000 plus personal possessions plus half of the remainder. Children share the other half equally.

If you're unmarried with children, your children inherit everything equally. The estranged child receives exactly the same share as the child who cared for you in your final years.

If you have no spouse and no children, your estate goes to parents, then siblings, then more distant relatives in a fixed order. Estrangement is irrelevant at every step.

Unmarried partners—even 30-year relationships—inherit nothing under intestacy rules. Not a single penny.

Patricia, 62, lived with her partner Mark for 18 years. She'd been estranged from her two adult sons for over a decade after they sided with her abusive ex-husband during the divorce. She always intended to "get around to" making a will leaving everything to Mark and her sister.

When she died suddenly of a stroke, her £420,000 estate was split equally between her two estranged sons under intestacy rules. Mark, despite 18 years together and jointly paying the mortgage, inherited nothing. Her sons, who didn't attend her funeral, sold her home within three months. Mark was given 60 days to vacate.

This is the reality of intestacy with estranged family.

The only way to prevent estranged family from inheriting is to make a valid will. "I haven't spoken to them in years" carries no legal weight under intestacy. Even a basic will stating "I leave everything to my partner" or "I leave everything to charity" is infinitely more powerful than dying intestate.

If you're estranged from someone you don't want to inherit, making a will isn't optional—it's essential.

Fraudulent Calumny—When Someone Poisons Your Mind

There's another way wills can be challenged that's particularly relevant in estrangement situations: fraudulent calumny.

Fraudulent calumny occurs when someone deliberately makes false statements to poison your mind against a person who would otherwise inherit. It's described in case law as the "drip, drip, drip of poison."

The legal test comes from Edwards v Edwards (2007): "If A poisons the testator's mind against B, who would otherwise be a natural beneficiary, by casting dishonest aspersions on their character, the will is liable to be set aside."

This is different from undue influence. With fraudulent calumny, you make the will voluntarily—you're not forced or pressured. But your decision is based on false information that someone deliberately fed you.

To prove fraudulent calumny, claimants must show:

The excluded person was a "natural beneficiary" who would normally inherit
Someone else made false statements to you about this person
The person making statements knew they were false or was reckless about the truth
You made your will based on these false beliefs
There's no other credible explanation for the disinheritance

Robert's second wife repeatedly told him that his daughter from his first marriage had stolen £15,000 from him and was only interested in his money. She showed him fabricated bank statements as "proof." Based on these lies, Robert excluded his daughter from his will, leaving his entire £380,000 estate to his second wife.

After Robert's death, his daughter found the genuine bank statements showing no missing money. She challenged the will on grounds of fraudulent calumny and won. The will was declared invalid, reverting to Robert's previous will that included her.

Importantly, fraudulent calumny requires deliberate deception with knowledge of falsity. If someone genuinely believes false information and passes it on, this doesn't qualify. The poisoner must know they're lying or be deliberately reckless about truth.

Fraudulent calumny is very difficult to prove—it requires strong evidence of deliberate falsehoods. But when successful, the entire will is invalidated.

Why this matters for disinheritance:

If your decision to exclude someone is based on information from another beneficiary, document your own independent reasons. Don't rely solely on one person's account of events.

Be cautious about family members who try to influence your will decisions, particularly if they're also beneficiaries.

If you later discover the information was false and reconcile with the excluded person, update your will immediately. Don't leave an outdated will based on disproven allegations.

Time Limits and Practical Considerations

Inheritance Act 1975 claims must be brought within six months of the grant of probate. The court has discretion to extend this deadline in exceptional circumstances, but the default rule is strict.

This means your executors won't know if your estate is "safe" for at least six months after probate is granted. Most claims are brought within this six-month window. Executors should generally wait until this period expires before making final distributions if there's any risk of a challenge.

The claims process typically unfolds like this:

First, the claimant must wait for probate to be granted—they can't challenge before the grant. Then they have six months to file their claim with the court. Most cases go through mediation before trial—courts strongly encourage settlement. Very few cases reach full court hearings. Settlement negotiations can take 12 to 18 months even after the claim is filed.

Costs are a critical consideration. Legal costs for defending Inheritance Act claims are typically paid from the estate, even if the challenge fails. Even unsuccessful claims can cost the estate £20,000 to £50,000 or more in legal fees. This reduces what's left for your intended beneficiaries.

This is another reason to make your disinheritance decision as defensible as possible—strong documentation may deter claims or lead to early settlement for nominal amounts.

What executors should do:

Take legal advice immediately if an excluded person indicates they'll challenge the will. Don't make final distributions until the six-month period expires. Keep detailed records of estate administration. Maintain neutrality—it's not the executor's job to defend your personal decision to disinherit someone.

Consider whether settling a claim for a modest amount is more cost-effective than fighting it. Sometimes paying £15,000 to settle is better than spending £40,000 in legal fees to win.

What you should do now:

Choose executors who are aware of your family situation and the potential for challenges. Consider appointing a professional executor if you anticipate serious challenges—solicitors or trust companies can provide experienced, neutral administration.

Leave a letter for your executors explaining the family context. Make sure they know where to find your Letter of Wishes. Give them permission to settle claims if it's in the estate's best interest.

Creating Your Will with Disinheritance—What WUHLD Includes

The only way to exercise testamentary freedom is through a valid will. Without one, intestacy rules ignore your estrangement completely.

WUHLD's online will service allows you to specify exactly who inherits—and by omission, who doesn't. You create a clear, legally binding document that establishes your intentions.

The platform guides you through naming beneficiaries explicitly. You decide who receives your estate—whether that's your partner, your children, specific family members, friends, or charities. Anyone not named is implicitly excluded.

If you want to be even clearer, you can add explicit exclusion language during the will creation process.

What's included in your WUHLD will:

A legally valid will document with proper attestation clause meeting all UK legal requirements. Clear statement of beneficiaries, establishing exactly who should inherit. Executor appointments to ensure someone you trust manages your estate. Guardian appointments for minor children if applicable. Residuary clause ensuring everything is distributed according to your wishes, with no assets accidentally falling into intestacy.

Why a will matters for disinheritance:

Without a will, testamentary freedom doesn't exist—intestacy rules control everything. Even if your will is challenged under the 1975 Act, you've established your intentions in a legal document that courts must consider. Courts give significant weight to clear, recently-made wills, as the Ilott v Mitson Supreme Court case demonstrates.

A will doesn't prevent challenges, but it makes your position infinitely stronger than having no will at all.

The 15-minute protection:

Creating your will with WUHLD takes approximately 15 minutes. It's a £49.99 one-time payment—no ongoing subscriptions, no hidden fees. Compare that to £650 or more for a solicitor-drafted will.

You can preview your complete will free before paying anything. See exactly what it says, how it's worded, and whether it reflects your wishes. No credit card required to preview.

Update your will anytime if circumstances change—new relationships, births, deaths, or reconciliations. Your will should always reflect your current intentions.

When to consider additional legal advice:

WUHLD's online service works well for straightforward disinheritance situations. But some circumstances benefit from specialist legal advice:

Very large estates over £750,000 where the stakes are higher
Complex family situations with multiple estrangements or vulnerable beneficiaries
If you're expecting a specific challenge from someone with strong grounds and want preventative advice
Business interests, international assets, or property in multiple countries
If you want to set up protective trusts for grandchildren or vulnerable beneficiaries

For most people with straightforward estates and clear disinheritance decisions, an online will provides the legal foundation you need. For complex situations, it's worth investing in specialist advice.

Either way, having a will—even a basic one—is infinitely better than having none.

Making Your Decision Count

You have the legal right to disinherit estranged family members in England and Wales. Testamentary freedom means you choose who inherits, regardless of blood relationships or social expectations.

But certain people can challenge your will under the Inheritance Act 1975—spouses, children of any age, and financial dependents can claim "reasonable financial provision." Estrangement alone doesn't disqualify them from bringing a claim.

You strengthen your position through documentation. A Letter of Wishes explaining your reasoning in factual, measured terms. Medical evidence of capacity if you're elderly or have been unwell. A clearly-worded will that leaves no ambiguity about your intentions. Regular reviews to ensure your will reflects current circumstances.

If you're domiciled in Scotland, different rules apply entirely—you cannot fully disinherit spouses or children from the moveable estate due to legal rights. Scottish readers need advice specific to Scottish succession law.

And without a will, estrangement means absolutely nothing. Intestacy rules treat estranged and non-estranged family identically. The only way to exercise any control over who inherits is to make a valid will.

The decision to exclude a family member from your will is rarely easy. It usually comes after years of hurt, failed reconciliation attempts, or protecting yourself from harm. UK law respects your right to make that choice while also acknowledging that family members may have legitimate financial needs.

The key is making your decision in a way that's legally sound, well-documented, and reflects your genuine wishes rather than temporary anger.

Creating a will that properly reflects your intentions—including who should not inherit—takes just 15 minutes with WUHLD. Our online platform guides you through every decision, ensuring your will is legally valid and clearly states who you want to benefit from your estate.

Preview your complete will free before paying anything—no credit card required. See exactly how your wishes are documented. Then receive your full will package for just £49.99, including:

Your complete, legally binding will
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide to give to your witnesses
A Complete Asset Inventory document to organize your estate

Start your will now and ensure your estate goes to the people you choose, not the people you've chosen to leave behind.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

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Legal Disclaimer: This article provides general information about UK inheritance law and disinheritance, and does not constitute legal advice. For advice specific to your individual situation, particularly if you're anticipating a will challenge or have a complex estate, please consult a qualified solicitor. If you're domiciled in Scotland, different forced heirship rules apply—seek advice specific to Scottish succession law. WUHLD's online will service is suitable for straightforward UK estates; situations involving expected challenges, very large estates (£750,000+), or complex family disputes may require professional legal advice.

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