Deciding who should benefit from your estate is one of the most personal decisions you can make. For some people, that includes the difficult question of whether to exclude a child or other family member from their will.
At Clarke & Wright, we regularly speak with clients who want clarity on whether this is legally possible, how secure that decision really is, and what risks they should be aware of. This guide explains the law in England and Wales in clear terms, alongside practical steps to reduce the risk of disputes.
At a glance
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Yes, you can legally disinherit someone, including a child
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England and Wales allows wide freedom over who inherits
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No will is completely immune from challenge
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The biggest risk usually comes from Inheritance Act claims
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Careful planning can significantly reduce disputes
Can you legally disinherit a child?
Yes. In England and Wales, the law recognises a principle known as testamentary freedom. This means you are generally free to decide how your estate is distributed after your death, provided your will meets the legal formalities set out in the Wills Act 1837.
You are not legally required to leave your estate to your children, spouse or other relatives. This is different from some parts of the UK and other countries where forced heirship rules apply.
In practical terms, this means you can choose to leave your estate to friends, charities or other beneficiaries, and you can exclude someone entirely if you wish.
However, testamentary freedom does not prevent claims being brought against an estate, which is where careful planning becomes essential.
Can a will that disinherits someone be challenged?
Yes. While a will may be legally valid, it can still be challenged after death. No will can be made completely challenge-proof, but the risk of a successful claim can often be reduced with the right preparation.
There are two main types of claim to be aware of:
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Challenges to the validity of the will itself
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Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
Understanding the difference between these is key.
How to reduce the risk of disputes
Working with an experienced solicitor
Where a will is likely to be contentious, working with an experienced and independent solicitor is one of the most effective ways to reduce the risk of a successful challenge.
Courts place significant weight on wills prepared by solicitors who keep detailed contemporaneous records of instructions, reasoning and testamentary capacity. This includes clear evidence that the testator understood the will, approved its contents and was not subject to undue influence.
At Clarke & Wright, we work closely with trusted specialist solicitors and coordinate with them as part of the estate planning process where appropriate. All legal documents are prepared by SRA-regulated solicitors, helping ensure legal accuracy, compliance with current law, and the level of evidential support required in higher-risk or complex family situations.
Ensuring testamentary capacity
To be valid, a will must be made by someone with testamentary capacity. This is assessed using a long-established legal test, which requires that the person making the will can:
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Understand that they are making a will and what it does
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Understand, in broad terms, what assets they own
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Appreciate who might reasonably expect to benefit
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Make decisions free from any disorder of the mind
A carefully documented capacity assessment can be crucial if the will is later challenged.
Where there is any doubt about capacity, or where a dispute is anticipated, it is considered best practice to obtain a medical opinion confirming capacity at the time the will is signed.
Preparing a letter of wishes
A letter of wishes is not legally binding, but it can be extremely helpful where someone has been excluded. It allows you to explain the background to your decisions in your own words.
Courts increasingly expect to see some explanation where a close family member has been disinherited, particularly in claims for financial provision. A clear and measured letter of wishes can significantly weaken a later claim.
Being realistic about no-contest clauses
Some wills include a clause stating that a beneficiary will lose their inheritance if they challenge the will. These clauses can deter claims in limited circumstances, but they are often misunderstood.
They do not prevent claims under the Inheritance Act and offer no protection where someone has been entirely excluded. They should be viewed as a possible deterrent rather than a guarantee.
Considering lifetime planning
In some situations, estate planning during your lifetime may also be appropriate. This can include strategies such as lifetime gifts or trust arrangements, which may help manage how wealth is passed on and reduce the risk of future disputes.
At Clarke & Wright, we support clients with lifetime estate planning as part of a broader, joined-up approach. We work alongside specialist advisers and solicitors where needed to ensure arrangements are structured carefully, taking account of tax implications, legal requirements and longer-term family considerations.
Lifetime planning can sometimes reduce the value of an estate available for claims after death, but it should always be approached with specialist advice and a clear understanding of the potential consequences.
What claims can a disinherited person bring?
Challenging the validity of a will
A will can be challenged if there are concerns about how it was made. Common grounds include:
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Lack of testamentary capacity
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Lack of knowledge or approval of the will’s contents
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Undue influence
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Fraud or forgery
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Failure to comply with legal formalities
Importantly, a will cannot be challenged simply because it is perceived to be unfair. However, weak evidence or poor drafting can increase the risk of a successful claim.
Inheritance Act claims for financial provision
Even where a will is valid, certain people may apply to the court for reasonable financial provision if they believe the will does not adequately provide for them.
Those who may be eligible include:
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A spouse or civil partner, including former spouses who have not remarried
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Children of the deceased, including adult children
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Individuals treated as a child of the family
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Long-term cohabitees
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Individuals financially maintained by the deceased
The court looks at a range of factors, including financial need, the size of the estate, the obligations of the deceased and any disabilities.
In practical terms, this means that even a carefully drafted will can still result in provision being made for someone who has been deliberately excluded, depending on the circumstances.
Claims usually must be brought within six months of the grant of probate.
Key takeaway
You can disinherit someone in your will in England and Wales, but doing so without careful planning can expose your estate to costly and emotionally difficult disputes.
Clear reasoning, professional drafting, and coordinated advice can significantly reduce the risk of challenges and help ensure your wishes are respected.
At Clarke & Wright, we support clients through the estate planning process, working alongside trusted legal professionals where appropriate to help protect both their intentions and their families. If you need help or advice, please contact us today.