Can I exclude someone from my Will?

Occasionally we get Clients wanting to exclude someone from their Will, who you might normally have expected to inherit.  Excluding someone from your Will is relatively straight forward as there is no forced heirship in England or Wales.

It’s important to make sure this is done properly or it is possible that a claim could be made in court.  It’s best practice to include a clause in your Will specifically naming the person you wish to exclude if, under normal circumstances, they would have expected to be named as a beneficiary.  Alongside this you can include a letter with your Will explaining why you are excluding them to avoid any misunderstanding.  This would be address to the excluded person explaining your reasons.  MW&T would advise against writing this in the Will itself because that becomes a public document once the grant of probate has been issued.

If you don’t include these it is possible a court may decide that the person was omitted as an oversight.  Be aware that it is also possible a court may find in favour of depends and grant them reasonable financial provision under the Inheritance Act regardless of what you Will says.

Morgan Wills & Trusts are here to make sure your Will is professionally written and avoid any costly court cases.  Get in touch here or 0114 399 5236 and we’ll be happy to help.