Deliberate exclusions from your Will

7 min read

27 Jul

27Jul

It’s a decision many people face—whether due to family rifts, a divorce in progress, or a relative who is already financially secure. While you can decide who inherits your estate, the Inheritance (Provision for Family and Dependants) Act 1975 means some people may still be able to challenge your will if they’re not left what the court considers “reasonable financial provision.”In this article, we explore real cases—both where exclusions have succeeded and where they’ve been overturned. You’ll also see positive success stories where Fern Wills & LPAs structured exclusions that stood firm. Additionally, we provide essential information about the Inheritance Act 1975 and address frequently asked questions to guide you.

Did You Know? (Key Facts About the Inheritance Act 1975)

Who can challenge your will?
Spouses, civil partners, former spouses (if not remarried), cohabiting partners, children (including adult children), stepchildren, and anyone whom you financially supported.
How long do they have?
A claim must usually be made within 6 months of probate being granted.
What does “reasonable financial provision” mean?
For a spouse, it may mean maintaining the same standard of living they had before your death. For children or dependents, it may mean having enough for essentials such as housing or living costs.
Can I reduce the risk of a challenge?
Yes—through precise wording, a letter of wishes, and careful planning with a professional.

1. Estranged Adult Children

Mr. and Mrs. Smith have three children, but are estranged from their daughter Sarah. They leave everything to their sons. Sarah is struggling financially and challenges the will.

Successful Challenge – Ilott v Mitson (2017)

Melita Jackson excluded her only daughter and left her estate to charities. The court awarded Heather Ilott £50,000 as she was on benefits and needed support.

Unsuccessful Challenge – Shapton v Seviour (2020)

Carly Shapton, excluded from her father’s will, was financially secure. Her claim was dismissed.

2. Divorcing or Estranged Spouses

Mrs. Smith excludes her separated husband John while awaiting divorce. If she dies before it’s final, John could still claim.

Successful Challenge – Re Coventry (1980)

A separated wife successfully claimed from her late husband’s estate as no financial settlement had been made, and they were still legally married.

Unsuccessful Challenge – Chekov v Fryer (2015)

The estranged wife’s claim failed because she was financially stable, and a clean financial break had already occurred.

3. Financially Independent Children or Relatives

The Smiths leave out their eldest son, James, believing he’s financially secure.

Successful Challenge – Nahajec v Fowle (2017)

A daughter received £30,000 from her father’s estate after proving she wasn’t as financially secure as she believed.

Unsuccessful Challenge – Ball v Ball (2017)

Three financially comfortable children contested their mother’s will but failed, as they were independent and not in need of the inheritance.

4. Children or Relatives with Health or Care Needs

Tom, the Smiths’ youngest son, is excluded despite his care needs.

Successful Challenge – Howe v Howe (2025)

Roger Howe excluded his daughter, but she was awarded £125,000 due to her health conditions and lack of income.

Unsuccessful Challenge – Martin v Williams (2021)

A disabled stepson’s claim was dismissed as he had an existing care package and trust fund, which the court considered adequate provision.

Positive Success Stories with Fern Wills & LPAs

Jumping a generation

A parent, whose well of patience had run dry, reluctantly excluded his estranged son. We drafted a detailed letter of wishes explaining the years of financial support he’d already received. We helped the client to bypass the son's gift directly to the grandchildren via a discretionary trust to protect their inheritance.

Protecting against a spiteful spouse

A concerned and stressed parent was going through an acrimonious divorce and was awaiting a medical operation. She wanted to secure her estate for her children. We drafted a fast-track emergency will within 24 hours. This revoked the previous Will, which would have given everything to the husband and nothing to the children. It also gave her time to consider options and speak with potential guardians, attorneys and executors. Over the next few weeks, we drafted a new Will to include a Trust to protect the children's inheritance and have temporary guardians while the Son was completing his exams, followed by a permanent guardian later. We added Lasting Powers of Attorney to ensure that the husband would not have a say in financial, health or life-sustaining decisions. The cost of the emergency Will was discounted from the final invoice.

Excluding a wealthy relative

An elderly lady who has no direct descendants left her wealth brother out of her will in favour of charity. She bequeathed him some personal items and a piece of Art that he would like and added a letter of wishes. At the client's request, Fern Wills called the brother and discussed the situation. He agreed with the decision and stated that it was better than increasing his inheritance tax burden, as the charity would put the money to better use than the government. The will stood unchallenged, and the client felt a great relief knowing it was in the open and legally valid.

Protecting the innocent

A caring father of three adult children. One of whom had a history of making poor financial decisions, being overly generous to the wrong people, and falling for more than one "befriending fraud scam".

To protect him from himself, the estate was split three ways. A third each to the brother and sister, and a third into a discretionary trust with the younger sibling as beneficiary. The elder brother and sister were trustees and ensured a monthly allowance, making significant purchases for him rather than advancing the money.

Protecting a long-suffering daughter

A widowed father with severe health problems had two daughters. One of whom was in a very strained and abusive marriage. He could not rest knowing that her inheritance could be fought over and split with his son-in-law, whilst married or through a divorce. He acknowledged that a court could overturn his Will, though he wanted to give her a fighting chance.

He requested a combination of trusts supported by clear letters of wishes that did not directly benefit either daughter but would be of help at an appropriate time when needed the most 😉.

Common Misconceptions About Exclusions

“I can simply cut them out.”
You can, but certain relatives may still be able to bring a claim under the law.
“We’re separated, so they have no rights.”
A spouse remains legally entitled until the divorce is finalised.
“If I’m clear in my will, it can’t be challenged.”
Even a clear will can be challenged, but the proper planning significantly reduces the risk.

Frequently Asked Questions (FAQs)

Can I legally exclude my spouse from my will?

Yes, but only if you’re divorced or have a clean financial break. If you’re still married, your spouse can usually claim under the Inheritance Act 1975 Provision.

Do adult children have an automatic right to inherit?

No. Parents can leave assets as they wish. However, if adult children face financial hardship, they can sometimes make a successful claim.

If I write “I leave nothing to X,” is that enough?

Not always. A properly worded exclusion clause, supported by a letter of wishes, gives you the best chance of your wishes being respected.

Can an ex-partner claim on my estate?

If they haven’t remarried and there’s no formal financial settlement, they may be eligible to claim.

What happens if someone contests my will?

The court will consider:

The size and nature of your estate.
The needs and financial position of the claimant.
Any obligations you may have had towards them.
Your reasoning, particularly if outlined in a letter of wishes.

How can Fern Wills & LPAs help?

We create straightforward, well-drafted wills that minimise risk, add letters of wishes tailored to your situation, and provide advice that reflects the latest law and case studies.

Top 5 Tips for Avoiding Will Disputes

Use Clear Language
Avoid vague or ambiguous wording—clarity reduces the chance of challenges. State their name and confirm exclusion is intentional.
Include a Letter of Wishes
Explain your decisions and any exclusions in plain language. This can show the court your reasoning if someone contests your will.
Consider Leaving a Small Gift
Sometimes, leaving a token legacy to the excluded person (instead of cutting them out altogether) deters disputes, as they’re acknowledged.
Keep Your Will Updated
Major life events—marriage, divorce, new children, changes in tax regimes, or significant asset changes—should trigger a review of your will.
Get Professional Advice
Fern Wills, your will-writing professional, can ensure your will is legally sound and defendable if contested.

Summary Table

Exclusion Scenario	Risk if challenged	Possible outcome
Estranged adult child	May claim if financially vulnerable	Exclusion upheld if they’re self-sufficient
Separating spouse	Still entitled until divorce is final	Exclusion upheld with a clean financial break
Wealthy or independent child	Court may look beyond appearances	Exclusion upheld if independence is proven
Disabled or dependent relative	High care costs often sway courts	Exclusion upheld if provision exists elsewhere

Deliberate Exclusions