Is it legal to leave my children out of my Will?

In this Is it legal to… Insight, we explore the law surrounding what you can do with your Will and securing your wishes.

Is it legal to leave my children out of my Will?

Families can be complex and you may not always get along. If you want to ensure that your estate goes to someone of your choice, you’re in luck…

The laws in England allow everyone to have complete testamentary freedom – essentially, you can do whatever you want with your estate, including excluding family members (this includes removing them from existing Wills).

Do I have to leave my children the same amount of inheritance?

Absolutely not, in the same way that you can leave nothing to a child, you can leave different amounts or percentages to each of your children.

Can they make a claim against my estate, if they are unhappy?

No Will is safe from potential claims, but there are ways to strengthen your position to prevent this, such as drafting a Letter of Wishes.

What is a Letter of Wishes?

A Letter of Wishes is a document explaining why you are not including someone in your Will; this can be used as evidence of your wishes should that person claim against your estate.

For more detailed advice on preparing your Will, please contact our expert Wills, Trusts & Probate team on 01603 620508 or by email.

This article was produced on the 17th January 2024 by our Wills, Trusts & Probate team for information purposes only and should not be construed or relied upon as specific legal advice.