Family relationships can be complicated. Circumstances change, people grow apart, and sometimes estrangement happens.
Discover everything you need to know about your rights and the potential risks of excluding your children from your will:
Working in our field, we have a lot of sensitive conversations with clients. Family relationships can be complicated. Circumstances change, people grow apart, and sometimes estrangement happens. When that’s the case, one of the most sensitive questions we’re asked is “Can I exclude my children from my will?”
At its simplest, the answer is yes. The full answer is a little more nuanced, and it’s important to understand both your rights and the potential risks.
At Heritage Estate Planning, we guide clients through these situations carefully, balancing legal freedom with practical reality. If this is a question you’re interested in, I’ll be covering everything you need to know in today’s article.
In the UK, we have what’s known as testamentary freedom. This means you are generally free to leave your estate to whoever you choose, which could include family members, friends, or charities.
If you decide to exclude a child from your will, you are legally entitled to do so. However, that doesn’t mean that your decision can’t be challenged.
Children – including adult children – are one of the main groups protected under the Inheritance (Provision for Family and Dependants) Act 1975. This means they can bring a claim against your estate if they believe they haven’t been reasonably provided for.
It’s important to note that there is no automatic right to inherit, but there is a right to make a claim. The court will then look at whether reasonable financial provision has been made, based on the individual circumstances.
Many people assume that once children reach adulthood, they lose any ability to challenge a will. Minor children are very strongly protected, and the court will almost always ensure they are provided for. However, adult children can still make a claim, but the outcome is less predictable.
When considering an adult child’s claim, the court may look at:
For example, a financially secure adult child may struggle to succeed with a claim. If that same child is disabled, unable to work, financially dependent, or receiving state support, the court may take a very different view.
In some cases, the court may even consider whether it is reasonable for the state to provide support, or whether provision should come from the estate instead.
We often hear clients say that they haven’t spoken to their children in years, so they shouldn’t be entitled to anything. While estrangement is certainly relevant, it isn’t always decisive.
Instead, the court may consider:
In other words, the full context matters. This is why simply excluding a child without explanation can increase the risk of a successful claim.
If you’re considering excluding a child, one of the most important steps you can take is to clearly document your reasoning. When it comes to writing your will, we want to build a detailed picture, including the history of the relationship, the reasons for the estrangement, any attempts at reconciliation, and the current financial position of those involved.
Where possible, we record this in the client’s own words. This can then be supported by comprehensive file notes or a letter of wishes.
This documentation can be incredibly valuable if your will is ever challenged. It helps demonstrate that your decisions were considered, informed, and not made lightly.
In some situations, it may be worth considering whether to leave a smaller gift rather than excluding a child entirely. Whilst this isn’t the right approach for everyone, it can show that you have acknowledged them, and help demonstrate that some level of provision has been made – potentially reducing the likelihood of a dispute.
This approach is sometimes combined with a no contest clause, which means the beneficiary risks losing their inheritance if they challenge the will. For this to be effective, the amount left needs to be meaningful enough to act as a deterrent.
This is not an area where we would ever recommend a DIY approach. Excluding a child from your will is one of the most high-risk scenarios when it comes to potential disputes. Without proper advice, you may overlook legal considerations or fail to document your reasoning, increasing the likelihood of a successful claim.
Working with a professional, such as Heritage Estate Planning, ensures your will is correctly drafted and your intentions are clearly recorded. It also creates a strong evidential foundation, which can be crucial if your will is challenged in the future.
Where appropriate, we also encourage clients to consider whether they can communicate their intentions during their lifetime. We appreciate that this isn’t always possible, particularly in cases of estrangement. If it can be done, it may help reduce misunderstandings and avoid shock after your death.
You are absolutely entitled to exclude a child from your will, but doing so without careful planning can increase the risk of disputes. We approach situations like this with care, sensitivity, and a legal framework. If you are thinking about excluding a child from your will, the most important step is to get the right advice early.
For more information on our will writing services, make sure to get in touch today to ensure your voice is heard after you’re gone.
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