Under English law,  there is nothing to prevent you from disinheriting somebody from your will. However, be aware that there are certain steps you will need to take to ensure that your wishes will be properly executed.

Also, disinheriting someone from your will is a complex process that requires you to consider very carefully the reasons behind your decision as well as the impact it may have on your (and the disinherited person's) relationships with other family members.

And finally, to ensure that your wishes are carried out, it is important to ensure that your will is properly executed and witnessed.

Below you will find answers to the most common questions when considering whether and how to disinherit somebody from your will.

Are your reasons for disinheriting somebody from your will wholly justified?

We've all heard stories about people being disinherited from a will, and often it's tempting to ask what kind of person would commit such a cruel act?

But bear in mind that there are often some very logical and completely rational reasons for disinheriting somebody from their will. Furthermore, for the person who decides on this course of action, it can often be a gut-wrenching decision.

Please consult our other FAQ articles which lay out the specific circumstances for disinheriting somebody from your will.

What happens if I don't disinherit someone from my will?

In any case, bear in mind that if you don't disinherit someone from your will, they may be entitled to a share of your estate if you die without making a will or if your will does not make sufficient provision for them.

In such cases, the person may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

If I disinherit somebody from my will, can that person challenge my decision?

Yes. The court may consider the reasons for the disinheritance and assess whether your wishes were reasonable.

If the court finds that your reasons for disinheriting the person are not justified or that your wishes are unreasonable, it may order that the person receive a share of your estate.

Can I disinherit a dependent?

A 'dependent' person is regarded as an individual who has relied on you financially up to the point of your death.

Yes, you can disinherit a dependent, but bear in mind that they can still make a claim on your estate through the courts under the 'Family and Dependents Act 1975' in the case where they've been excluded from your will.

In order for the excluded person to make a successful claim, they must demonstrate that they have no other financial means of support and in dire financial need.

There is a famous court case (Illot v Mitson, 1975), whereby a mother excluded her daughter from the will, with the instructions that the entirety of her estate should go to charity. The daughter disputed this under the 'Family & Dependents Act 1975' and was awarded an initial £50,000 provision.*

(*The case was later disputed. See her for full summary of the case).

If I have children, is it possible to disinherit someone from my will?

Yes, it is possible to disinherit someone from your will, even if you have children.

However, bear in mind the impact this decision will have on your relationship with that child (and your other children), and assess whether it's in their best interest to be disinherited.

We've laid out a range of reasons under for disinheriting somebody in another article called, "What Are The Most Common Grounds For Disinheritance?"

Can I change my mind and include the person in my will again after disinheriting them?

Yes, you can change your mind and include the person in your will again after disinheriting them. To do this, you simply need to make a new will that includes the person in question.

Can I disinherit someone from my will if I am married or in a civil partnership?

Yes, it is possible to disinherit someone from your will, even if you are married or in a civil partnership.

However, bear in mind that your spouse or civil partner may have certain rights over your estate, even if you disinherit them in your will. Our other articles will explain this in more detail.

Can I disinherit someone from my will if I have made gifts to them during my lifetime?

Yes. You're still able to disinherit someone from your will, even if you have made gifts to them during your lifetime.

However, any gifts you have made will invariably have an impact on the amount of inheritance they are entitled to if they make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

If I disinherit someone from my will, how can I ensure that my wishes are properly carried out?

The onus is on you to ensure that your will has been properly executed and witnessed in accordance with the requirements under English law.

In cases where you are not sure about the process, please get in contact with us and we'd be happy to lay out the steps. Some circumstances will require specialist legal advice and if we determine that's the case, we'd be happy to put you in contact with one of our legal partners.

What is the process of disinheriting someone from my will?

Disinheriting someone from your will involves making a new will that explicitly states that the person in question is not to receive any inheritance. It is important to ensure that the new will is properly executed and witnessed in accordance with the requirements of English law.

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