Family. It’s complicated.
Blended households, second marriages, adult estrangement, financial entanglements, and decades of personal history all make the question of inheritance far more complex than simply “who gets what.” For some, the idea of excluding a child from a will feels necessary—but emotionally, legally, and practically, it’s a delicate path to tread.
So, what do you really need to know before making that kind of decision?
Can I legally cut a child out of my Will?
Yes. In England and Wales, we have what’s known as testamentary freedom—which means you’re free to leave your estate to whoever you wish. Unlike some other jurisdictions, there’s no legal obligation to leave anything to your children.
But before you reach for the red pen, pause. That freedom isn’t absolute.
Under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA), certain individuals—including adult children—can bring a claim if they believe “reasonable financial provision” has not been made for them. So while disinheritance is legally allowed, it doesn’t guarantee your wishes will go unchallenged.
Who can claim under the IPFDA?
The Act casts a wider net than many realise. The following people may be eligible to bring a claim:
- Your spouse, civil partner, or cohabiting partner
- A former spouse or civil partner who hasn’t remarried
- Biological or adopted children
- Stepchildren, foster children, or anyone treated as a child of the family
- Individuals financially dependent on you
- Cohabitee who lived with you for at least two years before your death
Yes, even your secret daughter with a DNA test and a compelling backstory might have a shot. (No, really—it happens.)
Why might someone choose to disinherit a child?
The reasons vary, but they often reflect the specific dynamics of a family:
- Estrangement or broken relationships
- A belief the child is financially independent or well-off
- Previous lifetime gifts already made
- Behavioural concerns—substance abuse, criminality, or perceived irresponsibility
- Tax planning or redistributing wealth to others in greater need
It’s rarely black and white, and the reasons are usually deeply personal.
What steps can I take to strengthen my Will?
Although you can’t stop someone from challenging your Will, you can take steps to reduce the likelihood of a successful claim:
- Create a clear, valid, and up-to-date Will – With proper legal advice.
- Write a Letter of Wishes – Explain your reasoning calmly and factually; emotional transparency can go a long way.
- Leave a token gift – Leaving a small inheritance, however modest, can demonstrate you’ve considered the individual.
- Include a ‘No Contest’ clause – Also known as a forfeiture clause, this states that if a beneficiary challenges the Will and fails, they forfeit their share.
- Obtain medical evidence – If you anticipate a challenge on the grounds of mental capacity, a letter from a GP or specialist confirming your cognitive health at the time of signing can be invaluable.
Should I tell my child in advance?
It’s a conversation few relish, but sometimes it’s better than a courtroom revelation. Speaking honestly (and ideally, with empathy) can prevent surprises, reduce future claims, and might even mend relationships—or at least clarify intentions.
If the relationship is already strained, a written record of your reasoning may suffice. Your solicitor can help you draft this with care.
What might the court consider if a claim is made?
Courts assessing IPFDA claims consider a range of factors, including:
- The financial needs and resources of the person bringing the claim
- Their health and personal circumstances
- The size and nature of the estate
- The obligations and responsibilities of the deceased
- Competing claims from other beneficiaries
“Reasonable provision” is, unsurprisingly, a matter of interpretation, and courts often weigh what’s fair against what was intended.
What about cohabiting partners?
If you live with a partner but haven’t married or entered a civil partnership, you’re not legally connected when it comes to your estate. Unless you are joint owners of property, they may be left with nothing unless explicitly provided for in your Will.
That’s why we often advise cohabitees to consider cohabitation agreements or declarations of trust, which can add much-needed clarity to your estate planning and avoid litigation later.
Can a claim really come from someone I hardly knew?
Possibly. Estranged family members, long-lost children, even those claiming financial dependency may have grounds to apply. We’ve seen high-profile Will disputes in the estates of figures like Michael Jackson, Jimi Hendrix, and Nelson Mandela.
Some cases even involve claims from previously unknown children who can establish dependency due to childhood trauma, illness, or abuse. Each case turns on its own facts, but the stories can be more dramatic than fiction.
How long does someone have to contest a Will?
Anyone eligible under the IPFDA must apply within six months of the grant of probate. It’s a relatively short window, so if you’re concerned about a possible claim, seek legal advice early.
And if you’re thinking of bringing a claim yourself? Don’t delay.
Final thoughts
Excluding someone from your Will—especially a child—is a serious and often emotionally taxing decision. It’s rarely as straightforward as it seems. Your choices can be upheld, but only with careful planning, clear documentation, and sound legal guidance.
If you’re navigating a complex family structure or worried about how your wishes might be challenged, our specialist team is here to help you get it right.
How We Can Help
Our Private Client team at Lewis Nedas can:
- Appoint trusted executors and guardians
- Set up trusts for children or vulnerable loved ones
- Minimise inheritance tax liability
- Protect digital assets and ensure your online legacy
- Safeguard charitable donations and make them legally valid
- Provide detailed advice on guardianship, trusteeship, legacies, and more
- Store your Will securely at no cost
Navigating the complexities of excluding someone from your Will requires both sensitivity and expertise. Our team is dedicated to guiding you through every step, helping you make informed decisions, protecting your estate, and ensuring your wishes are clearly documented and legally sound. Reach out to Lewis Nedas for tailored support and peace of mind in planning your legacy.
Get in Touch
📞 Contact Rose Varsani on: 0207 387 2032
📧 Or email: pvarsani@lewisnedas.co.uk
Because when it comes to families—and Wills—certainty is a gift in itself.
Disclaimer:
This blog is for general information only and does not constitute legal advice. For personal guidance, please contact our team to speak with one of our solicitors.