A deliberate exclusion is when someone intentionally leaves a person out of their Last Will and Testament. The decision is deliberate and not by mistake. Simply, the person writing the Will has actively chosen not to benefit a specific individual.
People choose to exclude others for many reasons, including:
- Strained or broken family relationships
- Long periods without contact or communication
- Financial independence of the individual
- Concerns about how the inheritance may be used
- Previous financial support already provided during their lifetime
Although these reasons vary, the point remains the same. The exclusion must be intentional and clearly recorded. Without evidence, disputes may arise later.
Why Would Someone Use a Deliberate Exclusion?
Life circumstances change over time. Relationships change and so do financial positions. As a result, a Will that once reflected your wishes may no longer feel appropriate.
For example: You may fall out with someone you originally intended to benefit.
Additionally, some individuals worry about how a beneficiary will use their inheritance. Therefore, they may prefer to pass wealth to someone else who they believe will manage it responsibility.
Overall, a deliberate exclusion allows you to align your Will with your current wishes. However, you must handle this process carefully to avoid unintended consequences.
How Do You Exclude Someone From a Will?
Firstly, to exclude someone properly, you should include a deliberate exclusion clause in your Will. This clause should:
- Name the individual clearly
- State your relationship with them
- Confirm that you do not wish them to inherit
This shows that the omission was intentional. It also reduces the risk of confusion during estate administration.
Secondly, you should prepare a letter of wishes. This document should:
- Explain your reasons in a factual and balanced way
- Avoid emotional or negative language
- Be signed and dated
- Be stored with, but not attached to, your Will
This letter helps your executors understand your decision. It also provides useful supporting evidence if someone challenges your Will. However, you should keep the letter separate from the Will. This ensures that it remains private and confidential.
Who Can Challenge a Deliberate Exclusion?
Although you have the freedom to distribute your estate as you wish, certain individuals can still make a claim.
Under the Inheritance (Provision for Family and Dependants) Act 1975, the following people may challenge a Will:
- A spouse or civil partner
- A former spouse or civil partner who has not remarried
- A partner who lived with you for at least two years
- Children or stepchildren
- Anyone treated as a child of the family
- A person financially dependent on you
These individuals can argue that they did not receive reasonable financial provision. As a result, the court may review whether your Will treated them fairly.
What Makes a Claim Valid?
A claim must meet specific conditions before it can proceed.
These include:
- The deceased lived in England or Wales
- The claim is made within six months of probate
- The applicant fits into an eligible category
- The Will fails to provide reasonable financial support
If these conditions apply, the court will review the situation in detail. Each case depends on its own facts and circumstances.
What Happens If a Will is Contested?
If someone challenges a Will, the court considers several factors. The aim is to reach a fair outcome for all parties involved.
For instance, the court will review:
- The financial needs and resources of all parties
- The size and nature of the estate
- Any responsibilities the deceased had
- Any physical or mental conditions
- The relationship between the parties
The court then decides what counts as reasonable financial provision in each case.
If the claim succeeds, the Will remains valid. However, the court may adjust how the estate is shared. This ensures that the applicant receives appropriate support.
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This article is for general informational purposes only and does not constitute legal or financial advice. While we aim to keep our content up to date and accurate, UK laws and regulations are subject to change. Please speak to a professional for advice tailored to your individual circumstances. Will Guardian accepts no responsibility for any issues arising from reliance on the information provided.