Can you disinherit someone in England and Wales?
Yes. English law starts from freedom to leave your estate as you choose. There is no fixed share for a spouse, children or other relatives, unlike some other countries, including Scotland, where spouses, civil partners and children have "legal rights". You can leave everything to one child, to a friend or to a charity.
To leave someone out, make a valid will that does not include them. Also check assets that pass outside the will, such as a home owned as joint tenants or a pension nomination. See what a will does not cover.
Who can still claim if you leave them out?
Under section 1 of the Inheritance (Provision for Family and Dependants) Act 1975, these people can apply to court if your will, or the intestacy rules, do not make reasonable financial provision for them:
| Applicant | Standard the court applies |
|---|---|
| Spouse or civil partner | What is reasonable for a spouse or civil partner to receive, whether or not needed for maintenance |
| Former spouse or civil partner who has not remarried or formed a new civil partnership | What is reasonable for their maintenance |
| Someone who lived with you as a couple for the whole two years before your death | What is reasonable for their maintenance |
| Your child, of any age | What is reasonable for their maintenance |
| Someone you treated as a child of the family, such as a stepchild | What is reasonable for their maintenance |
| Anyone you were maintaining, wholly or partly, just before your death | What is reasonable for their maintenance |
When deciding, the court looks at the factors in section 3: the financial needs and resources of the applicant and of the beneficiaries, your obligations to them, the size of the estate, any disability, and any other relevant matter, including conduct. A claim should normally be made within six months of the grant (section 4).
How can you reduce the risk of a claim?
- Record your reasons. A letter of wishes kept with your will can explain your decision calmly and factually. It does not prevent a claim.
- Keep the will up to date. A will that reflects your current family is harder to present as an oversight. See changing your will.
- Think about the person's needs. The court looks at needs and resources, so ask a solicitor whether some provision would be sensible.
- Get advice where a claim is likely. A solicitor can record your capacity and reasons at the time, which is the evidence your executors may need.
When do you need a solicitor to leave someone out?
Whenever the person you are leaving out is a spouse, civil partner, cohabiting partner, child or anyone who depends on you, or when you expect a dispute. SwiftWill's screening stops the interview in these situations. Our guide to whether you need a solicitor explains why, and can stepchildren inherit covers stepchildren, who can also make a claim.
Sources
- Inheritance (Provision for Family and Dependants) Act 1975, sections 1, 3 and 4
- Succession (Scotland) Act 1964, section 36 (legal rights in Scotland)
Sources checked 24 September 2026.