Not many people are aware that in England and Wales, parents have the legal right to disinherit a child in their Will. However, restrictions exist that must be considered when a person decides where and how their assets are distributed in a legal Will.
Disinheriting children in a Will is often a difficult and sensitive decision for parents to make. Although the conventional expectation is for parents to leave an inheritance in their Will for the children they have, under certain circumstances, some may opt to prevent assets passing to them. However, disinheritance is not always absolute as children, among other individuals, financially dependent on a testator (person writing a Will) and can claim for reasonable provision.
How does testamentary freedom impact disinheritance?
In the UK, the principle of testamentary freedom lets parents legally exclude their children from Wills and leave their property, savings and other assets to other beneficiaries, like friends, family members and registered charities.
What is the inheritance Act 1975
The act provides a legal vehicle for children and other people who depended financially on the deceased to put forward a claim for reasonable provision when they’ve been disinherited, or when financial provision in a Will is inadequate.
As a result, while parents have the right to disinherit their children under the law, disinheritance can lead to a legal challenge. Financially reliant children and those expecting to benefit from a Will can have grounds under the Inheritance Act to make a claim.
Why do parents disinherit their children?
While the most common cause for disinheritance is the breakdown of a parent-child relationship, reasons are usually highly personal and can vary greatly. A child being financially irresponsible, behaving problematically or raising concerns regarding their ability to manage wealth are often cited by testators.
To prevent possible disputes and misunderstandings, parents planning to disinherit their children are recommended to explain the reasons for disinheritance in a document called a “Letter of Wishes”, which is attached to the Will.
Whether you wish to disinherit a child or are a disinherited child seeking to make a claim, you can consult our family law team who are experts in Wills and Probate. For Wills solicitors in North Wales, contact us now at Bennett Smith Solicitors.
