Intentionally leaving someone out of your Will so they don’t receive any part of your estate is usually a last resort, but it can be necessary for various reasons.
While disinheriting might sound straightforward, there are important legal steps to follow to ensure it's done correctly.
Disinherit Meaning
The meaning of being disinherited is that you are no longer entitled to receive anything from the deceased person’s Will.
If you’re considering disinheriting someone, this means that you’re intentionally excluding someone from your Will who might otherwise expect to inherit from your estate. This is a very big decision and can have big emotional and legal implications.
Who Can Be Disinherited?
In England and Wales, you can, in most cases, disinherit almost anyone, including children, spouses, and other relatives.
However, it can be challenging to disinherit someone completely due to the Inheritance (Provision for Family and Dependants) Act 1975. This law allows certain people to claim against your estate if they believe they have not been adequately provided for in your Will.
Those who can make a claim include spouses, civil partners, children, and others who were financially dependent on you.
So, while you can technically disinherit someone, they may still be able to challenge the Will under this Act if they can demonstrate that they have not received reasonable financial provision.
Read More: When a Parent Leaves Everything to One Child
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Common Reasons for Disinheritance
Why would you want to disinherit somebody? Although you can make this decision without any particular reason, the most common are:
- Estrangement: A breakdown in the relationship might lead you to exclude a family member from your Will.
- Financial Irresponsibility: If a potential beneficiary has a history of poor financial management, you might choose to protect your assets from being wasted.
- Criminal Behaviour: To prevent your assets from being controlled by someone involved in illegal activities.
- Other Reasons: Personal values, moral beliefs, or previous financial support given can also be reasons for disinheritance.
Legal Grounds for Disinheriting
To legally disinherit someone, you'll need the right documents, which are:
- Your Will: This is the main document where you clearly state who is disinherited.
- Codicils: These are amendments to your existing Will and can include clauses about disinheritance. Not everybody has codicils, so check whether you have any before proceeding.
- Trusts: These are often used alongside Wills to manage how assets are distributed, but you may not have any.
To make disinheritance legally binding, use precise wording in your Will. For example, say "I am intentionally not providing for [Name] in this Will." This clarity helps prevent confusion.
While not essential, explaining why you're disinheriting someone can reduce the chance of disputes. You can include this explanation in your Will or in a separate document.
Read More: Discretionary Will Trust
Challenges and Disputes Regarding Disinheritance
Keep in mind that disinheriting someone can lead to challenges and disputes, particularly from those who feel wronged by the decision.
Disinherited parties might argue that you were coerced or not mentally capable when making the decision, claiming undue influence or a “lack of capacity” to make the decision.
They may also contest the will based on fairness or invoke the Inheritance (Provision for Family and Dependants) Act 1975, arguing that they should have been provided for since they were financially reliant on you.
How to Mitigate Disputes
- Detailed Records: Keep thorough records of your interactions and decisions leading up to the disinheritance. Document your reasons clearly.
- Forfeiture Clause: Also known as a no-contest clause, this can discourage beneficiaries from contesting the Will. It works by stating that if a beneficiary challenges the Will, they risk losing their inheritance. Do note that the effectiveness and enforceability of forfeiture clauses can vary, and they may not fully prevent challenges under the Inheritance (Provision for Family and Dependants) Act 1975.
- Communicate Your Wishes: Discuss your decisions with family members ahead of time. Clear communication can help manage expectations and reduce surprises, potentially minimising disputes.
How to Raise a Dispute
If you discover that a loved one disinherited you and you want to dispute this, you can do so on a limited number of grounds:
- Lack of Testamentary Capacity: If you believe the testator was not of sound mind when they disinherited you, you can challenge the Will on the grounds of lack of testamentary capacity.
- Undue Influence: If you think the testator was pressured or coerced into making that decision, you can contest the Will on the grounds of undue influence.
- Fraud or Forgery: If you have evidence of fraud or forgery, or if the Will does not meet the legal requirements for signing and witnessing, you can challenge the Will based on these grounds.
- Inheritance (Provision for Family and Dependants) Act 1975: Under this Act, certain people, such as spouses, civil partners, children, and those who were financially dependent on the deceased, can claim reasonable financial provision from the estate if they believe they have not been adequately provided for.
Read more: Intestacy Rules
Steps to Contest a Will
- Probate Registry: If the Will hasn't been probated yet, you can file a caveat with the Probate Registry to temporarily stop the probate process. This gives you time to investigate and decide if you want to contest the Will.
- Legal Assistance: If you choose to move forward, your solicitor will help you file a claim in court to challenge the Will.
It’s worth noting that challenging a Will can be costly and time-consuming. If you lose the case, you might have to pay the other party’s legal costs.
If the court finds in your favour, the Will could be declared invalid, and an earlier valid Will might be used instead. Alternatively, the court might order that “reasonable provision” be made for you from the estate, even if the Will itself is not invalidated.
How to Disinherit Someone in the UK
Deciding when and how to disinherit someone needs careful thought, and balancing emotional and practical aspects is important.
Once you’ve made your decision, ensure your entire estate plan matches your disinheritance decisions to maintain consistency and reduce the likelihood of legal challenges.
