--- title: "Can I disinherit someone?" description: "Yes, England and Wales allows testamentary freedom. The Inheritance Act 1975 still lets some dependants claim reasonable provision." url: "https://swiftwill.co.uk/can-i-disinherit-someone/" author: "Marcus Kaiser" date_modified: "2026-08-12" --- # Can I disinherit someone? Yes. England and Wales recognises testamentary freedom — you can leave your estate to whoever you wish, and you are not legally required to provide for adult children or other relatives. But the Inheritance (Provision for Family and Dependants) Act 1975 lets certain people challenge a will that leaves them without reasonable provision. > SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information. ## Can you disinherit someone in England and Wales? England and Wales starts from a principle many countries do not share: your estate is yours to leave to whoever you choose. Unlike the forced-heirship systems across much of Europe, no automatic share is reserved for children or relatives. You can leave everything to one child and nothing to another, bypass family entirely for a friend or a charity, or divide things however you see fit. ## Who can still claim if you leave them out? Freedom is not absolute. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask a court for reasonable financial provision from your estate if your will leaves them without it: - Your **spouse or civil partner** — and in some cases a former spouse who has not remarried. - A **cohabiting partner** who lived with you for at least two years before your death. - Your **children** — of any age, including adult children. - Anyone you **treated as a child** of the family, and anyone you were financially **maintaining**. Courts weigh the claimant's needs, the size of the estate, and your reasons. Healthy, financially independent adult children succeed less often than headlines suggest — but spouses, minor children and dependants are a different matter. ## How do you reduce the risk of an Inheritance Act claim? - **Say why.** A [letter of wishes](/what-is-a-letter-of-wishes/) kept with your will explains your reasoning in your own words. It is not binding, but courts read it, and a calm, factual explanation carries weight. - **Keep the will current.** A will that reflects your present life is harder to paint as an oversight. - **Do not rely on penalty clauses.** "No-contest" clauses that strip beneficiaries who complain have limited effect here. ## When do you need a solicitor to exclude someone? If you plan to exclude a spouse, a child, or anyone who depends on you financially — or you already sense a dispute brewing — this is squarely solicitor territory, and we would say so even if it cost us a sale. The price of proper advice is trivial next to the price of a contested estate. Our guide to [whether you need a solicitor for a will](/do-i-need-a-solicitor-for-a-will/) maps where that line sits. For straightforward estates with no exclusions and no dependants left short, you can [make your will in about 15 minutes](/start/) with SwiftWill. ## Frequently asked questions ### Can I disinherit my adult children? Yes — there is no automatic share reserved for children in England and Wales. But adult children can ask a court for reasonable provision under the 1975 Act, and they sometimes succeed, particularly where money is tight or they were dependent on you. ### Can I disinherit my spouse or civil partner? You can write a will that leaves them nothing, but spouses are the strongest category of claimant under the 1975 Act and courts routinely award them reasonable provision. Excluding a spouse is firmly solicitor territory. ### Will explaining my reasons help? It can. A letter of wishes kept with the will sets out your reasoning in your own words. It is not legally binding, but courts do read it, and a calm, factual explanation carries more weight than silence or anger on paper. ### Do 'no-contest' clauses work in the UK? Not reliably. Clauses that strip a beneficiary of their gift if they challenge the will have limited effect in England and Wales and are no substitute for proper advice where a dispute is likely. ### Should I see a solicitor before excluding someone? Yes, whenever the person you are leaving out is a spouse, a child, or anyone financially dependent on you — or whenever you already sense a challenge coming. The cost of advice is trivial next to the cost of a contested estate. Canonical HTML: https://swiftwill.co.uk/can-i-disinherit-someone/ Markdown: https://swiftwill.co.uk/can-i-disinherit-someone.md Last modified: 2026-08-12 Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)