Can I exclude someone from my Will?
Have you fallen out with someone in your family?
Does it worry you that someone who is no longer in your life might inherit from you? If so, it’s time to make your Will.
Discussing why you’ve lost contact with a child or other family member can be painful. I promise kindness and understanding. It doesn’t matter why you’ve had a disagreement or the circumstances. My role is to give you impartial advice. I never judge anyone - and you can always count on my discretion. Everything you tell us is completely confidential.
Research by Stand Alone, a UK charity supporting those deliberately parted from relatives, suggests that estrangement affects at least one in five British families.
Stand Alone’s founder, Becca Bland, says this about estrangement:
...the media portray that family estrangement is a flippant response to a one-off argument. Yet, these are decisions which are sad, painful and laboured over and are caused by abuse, alcoholism, drug abuse, mental health struggles, divorce and re-marriage, forced marriage, HBV, LGBT+ and trans rejection… Many people battle guilt, shame and fear after they make the decision that the relationship just isn’t working and is destructive to their life.
Remember, you are not alone in your feelings and thoughts. Simple estate planning solutions exist.
What is testamentary freedom?
Under English Law, you have “Testamentary Freedom” to make your Will however you wish. You can leave your estate to your friends, family members and charities.
However, the Inheritance (Provision for Family and Dependants) Act 1975 says that your Will can be challenged if you don’t make suitable provision for people who depend on you. Spouses (and ex-spouses), civil partners, children, and anyone you regularly pay money to may be able to claim. This includes maintenance and alimony payments or money you spend on someone else’s rent or bills. If someone lives in a property you own rent-free, they could expect a home for life.
Deliberately leaving someone out of your Will needs careful consideration. I can help you understand the possible consequences and what action you might want to take,
Where clients are excluding an estranged family member, I make them aware of the risks of a challenge and possible outcomes. Although it is a costly and time-consuming court process to make a claim, many disgruntled dependents do. You may have read about the “ice cream millionaire” whose family have been through the court process. Big-money cases often make headlines. When more is at stake, there’s more chance of a challenge.
According to an IRN Legal Report, the number of law firms offering advice on contentious wills, trusts, and probate has doubled since 2018. The market passed the £2 billion mark in 2021 and is expected to reach £2.4 billion by 2025.
Often, when someone leaves their estate to a new partner, their children from a previous relationship feel let down and unhappy. They can’t understand why they’re not included, leading to resentment. Adult children don’t have a right to inherit from a parent, but they may feel they should.
What can you do if you are estranged from your adult child?
Consider giving your son or daughter a specific gift to acknowledge they exist and demonstrate they are not forgotten. If you’ve included them with a memento or sum of money, they may be less likely to contest your Will.
Write a letter explaining your reasons to your executors. I can guide you with the wording, but the most effective letters are handwritten and come from the heart. It’s important not to include the letter as part of your Will - it should sit alongside it. There’s a FREE letter of wishes template in my resources section. To download it, simply subscribe to my monthly newsletter.
Using a professional legal service is a sensible way to avoid a challenge. An experienced Will writer can guide you in ensuring your wishes have the best chance of being followed. Make sure you get expert advice from a qualified professional.
Contact me today to talk through your estate planning options.