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 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 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 with SwiftWill.