Despite the size of your estate, making a Last Will is essential to ensure that your assets are distributed according to your wishes after you pass away.
What happens if you fall out with someone you named in your Will or you simply want to exclude a person from your Will?
Life has ups and downs, therefore it’s not uncommon for people to want to exclude an individual from their Will. While it can be emotional, the process is not complicated.
In England or Wales, you are permitted to exclude anyone from your Will. However, there are some things you should consider:
- Excluding someone from your Will may have consequences therefore we advise that you monitor the relationship and review your Will if it is your spouse.
- Speak to the person in advance. Letting the person know in advance why you are excluding them from your Will might eliminate the shock value the person may feel by learning later that they have been disinherited. It may also make them less likely to contest your Will after your passing.
- Seek expert legal advice. It’s essential to determine if your decision is legally and financially sound. For example, excluding your spouse or a child under 18 years old will have a significant impact on your estate because they are entitled to bring a claim if they have not been provided for in your Will.
Can the Person You Excluded Contest Your Will?
After your passing, the disinherited person can potentially contest your Will. However, only certain people can in England and Wales. They are:
- Your Spouse, cohabiting partner, or civil partner
- A former spouse or civil partner (as long as they haven’t remarried)
- Children, step-children, foster children, or any child who you treated as your own
- Those who dependent on you financially
- Anyone who lived with you for at least two years before your death as husband and wife.
Your extended family members aren’t entitled to any of your assets unless you don’t have a Will. This is called dying intestate.
Preventing a Disinherited Person From Contesting Your Will
While you can’t stop someone from contesting your Will, there are measures you can take to ensure that your estate is distributed according to your wishes.
- Write a new Will. Instruct a solicitor to draft a new Will on your behalf. Explain all the circumstances. They will help by giving you all the options to ensure that you make an informed decision.
- Ensure it is properly written and well-worded. Because your Will is a legal document, it’s essential to ensure that it is written and appropriately worded. A qualified solicitor can ensure that your Will is written correctly, include a statement naming the person you wish to exclude, and convey that this was an intentional act.
- Offer a gift instead. When excluding someone from your Will, you may find it beneficial to leave them a token gift, such as a small sum of money, to make it clear that you didn’t forget them in your Will. You can add a provision to the Will that the person can only inherit this gift if they agree not to contest the Will.
- Draft a ‘Letter of Wishes’. A Letter of Wishes is not considered a legal document but is used to further explain your wishes. It can lay out the details you wish for your funeral, communicate who gets smaller personal possessions, and list all your assets, making it easier for your estate to be distributed. You can also use this letter to explain why you excluded certain people from your Will.
- Consult your doctor. This is important if you are concerned that someone may challenge your Will because of the state of your health. Your doctor can write a statement confirming that you were ‘of sound mind’, which will collaborate your Will and confirm that you knew the contents of your Will when you excluded the person. Along with the statement from your doctor, you could also request that he or she witness your Will.
Trust Elizabeth Middleton Solicitors for All Your Estate Planning Needs
Depending on your circumstances, there may be better options than excluding someone from your Will. Engaging the services of an experienced, qualified solicitor when making or updating your Will can ensure that the documents are drafted properly and that all the necessary steps are taken to reduce the chance of someone contesting your Will after your passing.
Elizabeth Middleton Solicitors has assisted clients with their estate planning needs for over a decade. Please contact us for peace of mind knowing.
Contact us today to schedule a consultation.
