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Disinheritance

Also known as: Disinheriting, Cutting Out of Will, Excluding from Inheritance

Definition

Disinheritance is when you deliberately exclude someone from your will who would normally expect to inherit from you—such as a child, spouse, or other close family member.

In England and Wales, you have the legal right to disinherit anyone, but those you exclude may challenge your decision in court if they can show they need financial support.

What Does Disinheritance Mean?

Under English and Welsh law, you have testamentary freedom—the right to leave your estate to whomever you choose, with no legal obligation to include children or other family members. You can disinherit anyone by explicitly excluding them from your will. This contrasts with forced heirship systems in countries like France or Scotland, where children have protected inheritance rights.

However, testamentary freedom isn't absolute. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people—including children (both minor and adult), spouses, cohabitees, and dependants—to apply to court for reasonable financial provision if they believe the will fails to provide adequately for their maintenance. Courts consider the applicant's financial needs, the estate size, the relationship quality, and your reasons for excluding them. Age is irrelevant—adult children have the same right to claim as minors, though financially independent adults typically struggle to prove genuine maintenance needs.

Sarah, 68, wants to leave her £420,000 estate entirely to her son David, disinheriting her daughter Emma who cut off contact 20 years ago. This is legally permissible, but Emma could challenge within six months of probate. If Emma demonstrates genuine financial needs, the court might award her reasonable provision despite Sarah's wishes. Sarah's solicitor advises writing a Letter of Wishes explaining the estrangement and considering a token gift of £1,000 to show the exclusion was deliberate.

The landmark case Ilott v Mitson (2017) confirmed maintenance awards should be limited to genuine needs, awarding just £50,000 from a £486,000 estate to an estranged daughter living on benefits. To reduce challenge risks, document your reasoning in a Letter of Wishes, consider small token gifts, and obtain medical capacity confirmation if dispute is likely.

Common Questions

"Can I disinherit my estranged daughter who hasn't contacted me in 15 years?" Yes, you have testamentary freedom to leave your estate to whomever you choose. However, she can challenge under the Inheritance Act 1975 if she can show she needs financial provision. Her estrangement would be considered but doesn't automatically prevent a claim.

"If I disinherit my adult son, can he still inherit anything?" He won't automatically inherit but can apply to court within six months of probate for reasonable financial provision. The court will consider his financial needs, your estate size, and your reasons for excluding him. If he's financially independent, his claim is unlikely to succeed.

"Do I need to explain why I'm disinheriting someone?" You don't legally have to explain in your will, but it's strongly recommended to write a separate Letter of Wishes explaining your decision. This can be crucial evidence if your will is challenged.

Common Misconceptions

Myth: Children automatically inherit from their parents in the UK, so I can't disinherit them.

Reality: In England and Wales, children have no automatic right to inherit. You have complete testamentary freedom to disinherit your children entirely. However, they can challenge under the Inheritance Act 1975 if they can demonstrate they need reasonable financial provision for maintenance.

Myth: Only minor children can challenge being disinherited—adult children have no rights.

Reality: Age has no bearing on Inheritance Act claims. Adult children have the same legal right as minors to apply to court. The difference is adult children must prove genuine financial need—if they can maintain themselves adequately, their claim will likely fail.

  • Inheritance Act 1975: The legislation enabling disinherited persons to challenge their exclusion by applying to court for reasonable financial provision.
  • Reasonable Financial Provision: The legal test courts apply when determining whether disinherited persons should receive something—limited to genuine maintenance needs.
  • Estranged Family Member: A common reason for disinheritance—courts consider estrangement length and reasons when assessing claims.
  • Will Contest: The legal process by which disinherited persons can challenge the will in court.

Need Help with Your Will?

If you're considering disinheriting someone or want to protect your decision from challenge, understanding your legal position is essential. WUHLD's online will creator guides you through documenting your wishes clearly while meeting all UK legal requirements for validity.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.