Can I exclude someone from my Will?
The short answer is yes. Your Will gives you the ability to control who you wish to manage your estate when you pass away and to specify who you would like to inherit. While some countries impose a forced heirship, the laws in England and Wales allow you to leave your assets to whomever you wish.
It is important to review your Will periodically to ensure that it is consistent with your wishes. Over time circumstances can change. You may have come into money, your family may have expanded or, it may be that relationships have simply broken down or have become strained.
Under The Inheritance (Provision for Family and Dependants) Act 1975, a spouse, a child or a person who is financially dependent upon you can bring a claim against your estate if they can prove that your Will does not make ‘reasonable financial provision’ for them.
How can I stop someone from making a claim against my estate?
You cannot stop someone from bringing a claim. There are many reasons that you may wish to exclude a person or people from your Will, but before you do, it is important that you seek legal advice.
Instructing solicitors to help assist you when preparing a Will to exclude someone is crucial. Be open and honest with your solicitor about the reasons behind your wish to exclude someone. The more your solicitor knows, the more they can help and advise you.
Should matters be contested later down the line, records of your discussions and the legal advice you received may act as evidence to support your reasons for excluding that person or people.
What can I do to protect my wishes in my Will?
Ensure that your Will is professionally drafted. Your solicitors may recommend that you draft a letter to sit beside your Will to explain the reasons why you have excluded a person or people from your Will. You will not be there to defend any claims made against your estate and this letter would act as your voice in any court proceedings that may follow.
Whilst this letter will not prevent a claim, it will act as evidence and can be helpful to your loved ones who you wish to benefit from your Will.
Alternatively, you could include a nominal gift in your Will and insert a clause to state that should any beneficiary bring a claim against your estate, then they will lose any gift that is provided to them by your Will. This is an attempt to discourage any person from bringing a claim against your estate.
Private Client Solicitors
Our team of experienced lawyers understand how every situation is unique. Therefore, we take the time to carefully understand your situation and priorities, meaning you can benefit from the best advice and guidance regarding your individual circumstances.
Do you require legal advice concerning a private client matter? Speak to the team of specialist solicitors at Bridge McFarland LLP today on 0800 987 8800.
