Excluding an Estranged Family Member from Inheriting

Whilst it is unfortunate, sometimes there are family members (estranged spouses, children, stepchildren, etc.) that have behaved in such a way as to motivate someone (a Testator) to arrange or change their Will so as NOT to provide for such a person or people and excluding an Estranged Family Member.

Although in many European countries, its citizens MUST leave a proportion of their estate to their spouse and/or children regardless of any estrangement, that is not the case in England and Wales. In the UK we have “Testamentary Freedom” to leave what we want to whomever we want, however there remain some conditions.

How do we Protect against Excluded People Subsequently Contesting our Will?

Although it may seem simple, a Letter of Wishes which is factual in its nature when explaining why an individual is being excluded, will go a long way when it comes to protecting our estate from a future unwarranted claim. This isn’t to say that any claim is precluded, nor that any claim will fail, but that the LIKELIHOOD of a claim’s success could be significantly diminished.

However, a Letter of Wishes is not always enough as the reason the Testator is excluding someone from their Will ought to be based upon sound reasoning rather than emotional reaction. The reason(s) ought to be as factual as possible, though this isn’t to say that any Letter of Wishes must be completely devoid of any emotion, but merely that there should be a balance between the logical reasoning and how the Testator feels about the situation.

Although this does not guarantee protection against future unwarranted claims against our estate, then this would make such a claim less effective.

Another important factor is whether a disgruntled excluded person is financially DISADVANTAGED by our death. Just because someone feels that they should benefit financially from our estate, if they cannot demonstrate any financial disadvantage by their exclusion, then their claim is far less likely to succeed. Conversely, if someone allows a companion to live in their house WITHOUT the requirement for having to pay a commercially comparable market rent, then in the event of the homeowner’s death, the companion would be able to demonstrate a financial disadvantage by that death and potentially make a successful claim against the deceased’s estate as a result.

In summary, rather than expose yourself to any unnecessary risk to your estate and how it is distributed after your death, if you wish to exclude a person or people from inheriting, then you should seek out professional and objective advice beforehand.

For further details without fear of consultation fees or obligation, then please visit TRFWills.