Can I cut someone out of my will?

Yes—you can leave someone out of your will, but you should be clear and careful to reduce the chance they challenge it later.

Why it matters

Deciding to exclude a family member or friend is a big choice. If they feel unfairly treated, they might bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. That can lead to delays, extra legal fees and unwanted family conflict. Being clear and having reasons helps protect your wishes.

How to exclude someone

1. State it plainly
   • Use a clear sentence like “I expressly exclude [Full Name, Relationship] from any benefit under this will.”
2. Explain your reasons
   • Although not legally required, a private letter of wishes can help executors and courts understand your intent.
3. Use a residuary clause
   • After specific gifts, make sure your residuary clause covers all your estate so there’s no gap for intestacy.
4. Name backups
   • If you cut someone out, decide who should benefit if your main beneficiaries die before you.

Risks and how to reduce them

• Family provision claims: Excluded spouses, civil partners and some dependants can ask the court for a share.
  • Tip: Keep a record of your reasons in a separate letter of wishes.
• Emotional fallout: Even a valid will can damage relationships after you’re gone.
  • Tip: Consider mediation or letter before claim to explain your choices.
• Gaps in your estate: Omitting someone without a clear residuary clause can leave parts of your estate unallocated.
  • Tip: Always include a catch-all clause to direct any leftover assets.

Common mistakes

• Vague exclusions: Phrases like “I don’t want them to have anything” can be unclear.
• Forgetting dependants: Stepchildren or long-term carers may still have rights to claim.
• No backup plan: Failing to nominate alternative beneficiaries if your main choices die first.

Next steps

1. Try our Estate Planning Health Check to spot any risk areas when excluding someone.
2. Draft your will in our paid online service—it guides you through clear wording and residuary clauses.
3. Once you receive your will, sign it with the two required witnesses and store it safely.

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