​When it comes to writing your Will, you might assume you can leave your estate to whomever you choose. In many ways, that’s true—England and Wales uphold the principle of testamentary freedom. With that said, if you are someone who’s thinking about excluding a particular person from your Will, there’s more to consider than just personal wishes.

 

That’s where the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) comes in.

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Why you may be thinking about excluding Someone

 

There are many reasons someone might want to leave a person out of their Will—perhaps there’s been a breakdown in the relationship, or maybe that person is already financially secure.  You may want to make sure my estate goes to the people who’ve supported you and who you believe truly need it. If you are doing this you need to be aware that certain people can still make a claim against your estate, even if you've left them out intentionally.

 

Who can challenge my Will?

 

Under the IPFDA, the following people can apply to the court for “reasonable financial provision” from your estate:-

• Your spouse or civil partner 

• A former spouse or civil partner (if they haven’t remarried)

• Someone who lived with me as if we were married or in a civil partnership for at least two years

• Your children (including adult children)

• Anyone you have treated as a child of the family

• Anyone you have financially supporting

 

Even if you've made it clear in your Will that you don’t want them to inherit, they may still have grounds to challenge it.

 

What the court will look at

 

If someone you've excluded does make a claim, the court won’t just look at your wishes. They will also consider the following:-

• Their financial needs and resources -

• The size of your estate

• Any responsibilities I had toward them

• Whether they have any disabilities

• The conduct of everyone involved In other words, the court will weigh up whether your decision leaves them in genuine financial difficulty.

 

Can I do anything to prevent a claim?

 

While you cannot stop someone from making a claim against your estate, you can take steps to reduce the risk of a successful one. You can do this by:-

• Preparing a detailed letter of wishes explaining your decisions

• Reviewing whether lifetime gifts or trusts might be more appropriate

• Considering whether to include a small legacy to reduce the likelihood of a challenge

• Making sure your Will is correctly drafted, executed and regularly reviewed. 

 

Excluding someone from your Will isn’t a decision to take lightly. It’s emotional, complex, and potentially contentious. But with the right advice and careful planning, it’s possible to protect your wishes and reduce the risk of disputes after you’re gone.

 

If you’re in a similar position wanting to leave your estate to the people who matter most, while being mindful of the legal risks contact us today.