Do you need to exclude someone from your Will? Simon Hall Will Writing Services can help you navigate the complexities involved to ensure your wishes are upheld.

When it comes to writing a Will, or the need to exclude a family member from inheriting can be one of the most difficult decisions. Whether it’s due to personal disagreements, family dynamics or financial reasons, many people find themselves wondering how to do this effectively. But what happens when you exclude someone from your Will? Can they challenge it and how do you protect your Estate from disputes?

At Simon Hall Will Writing Services, we focus on creating clear, legally sound Wills that reflect your wishes, while minimising the risk of disputes. As Simon often says: “When drafting a Will, we start by building a family tree. This isn’t just about mapping relationships – it’s about understanding family dynamics and identifying any potential areas of contention.”

By taking the time to understand your family structure, we help you make informed decisions about exclusions and safeguard your Estate.

Who can you exclude from your Will?

The first step in to exclude someone from your Will is to determine whether they have a legal right to challenge it. The Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) outlines the individuals who can make a claim against your Estate. These include:

• Your spouse or civil partner;
• A former spouse or civil partner (if they haven’t remarried);
• Your children;
• Anyone financially dependent on you; and
• Anyone treated as a child of the family, even if they are not biologically related.

If the person you wish to exclude falls into one of these categories, they may have grounds to contest your Will under the IPFDA. This is why it’s crucial to plan ahead and seek professional advice.

Should you explain why you’re excluding someone from your Will?

One of the key strategies we employ at Simon Hall Will Writing Services is ensuring transparency around exclusions. Simon regularly advises clients: “If you’re excluding someone from your Will, it’s often a good idea to make an Exclusion Statement. This doesn’t have to be included in the Will itself, but a separate document can help to reduce the chances of future disputes.”

An Exclusion Statement clearly explains why someone has been left out of your Will. Although it’s not legally required, it can help manage expectations and may prevent the excluded individual from challenging your Estate.

However, if the person falls under the IPFDA, they could still have a legal claim, making it even more important to handle exclusions carefully.

Small legacy clauses: an alternative approach

Sometimes, excluding someone outright isn’t the best approach. Another option is to leave the person a small legacy – enough to discourage them from contesting the Will, but not large enough to affect your intended beneficiaries. As Simon suggests: “A small legacy can act as a buffer against disputes. By offering something, you reduce the likelihood of that person contesting the Will for more.”

The challenge here is to strike the right balance. The legacy needs to be significant enough to dissuade a challenge, but not so large that it impacts the inheritance of your chosen beneficiaries. This is why we carefully tailor every Will to your specific circumstances.

Forfeiture Clauses: a safeguard against challenges

Another tool available for managing exclusions is the Forfeiture Clause. This means if a beneficiary challenges your Will, they automatically forfeit their inheritance. For a forfeiture clause to be effective, there must be a ‘gift over’ provision – meaning if someone forfeits their legacy, it passes to an alternate beneficiary.

This can be a powerful deterrent against legal challenges, but it’s crucial to ensure the clause is legally sound. Simon Hall Will Writing Services provides expert advice on the best way to include Forfeiture Clauses in your Will, ensuring that your wishes are respected and your Estate is protected.

How to minimise the risk of disputes

At Simon Hall Will Writing Services, we reduce the likelihood of disputes through careful planning. As Simon says: “The best way to avoid disputes is to be transparent and to ensure that everyone knows where they stand. By building a clear family tree, having honest conversations, and making sure your Will is structured properly, you can greatly reduce the risk of challenges after your passing.”

Our holistic approach involves understanding your family dynamics, making informed recommendations about exclusions and helping you select appropriate executors. By doing so, we ensure your Estate is handled smoothly and your wishes are honoured.

Ready to take the next step?

If you’re considering the need to exclude someone from your Will, or want to ensure your Estate is protected from potential disputes, contact Simon Hall Will Writing Services today. Our team will guide you through the process, making sure your Will is tailored to your unique circumstances.

Also read: Court disputes over Wills: how to avoid them and protect your Estate