Excluding someone from a will 16 February at 3:04PM in Deaths, funerals & probate 13 replies 1.4K views

Geek1973

Hi,
Basic scenario, no judgement please, I am just trying to find an answer for a family friend - three adult siblings. If the parent is clear that they want to only have two of their children in the will and doesn’t want the third child to receive a single penny, does this have to be explicitly stated in the will? Or do have to leave “something” (like a token £100, for example) and will this then prevent any successful contesting of the will when the time comes?

MorningcoffeeIV

Yes, it should be explicitly stated, so it can't be argued that it was an omission.

I'm intrigued though - for what did you think you were going to be judged? People make wills according to their own wishes all the time? 

Geek1973

It’s not my will but was expecting a comment eventually along the lines of “how awful” etc etc lol

Geek1973

What I am trying to ask is, if the will explicitly states that Child #3 is to receive nothing then there shouldn’t be any valid grounds for them to then successfully contest the will afterwards?

lisyloo

Geek1973 said:

It’s not my will but was expecting a comment eventually along the lines of “how awful” etc etc lol

There can be good reasons for doing this even if you love all your children.
My step-brother was in a care home due to medical negligence and whilst he was loved he would not have benefitted in any way from an inheritance.

lisyloo

Geek1973 said:

What I am trying to ask is, if the will explicitly states that Child #3 is to receive nothing then there shouldn’t be any valid grounds for them to then successfully contest the will afterwards?

Yes - as per the other reply.
If it's explicitly stated then arguments that it was an omission won't succeed.
If the child is adult and not dependent then they will have no grounds for a claim.

Sea_Shell

IIRC, Scotland have different rules, if that's a factor.

TonyMMM

They could still challenge the will, you can't stop that happening if hey really want to do it, but it makes it more difficult for them to succeed.

HobgoblinBT

OP, my father has a similar position.  The latest version of his will excludes 3 beneficiaries that were in his previous wills. Upon advice from his Solicitor he wrote and signed a letter explaining the reason his decision for excluding each beneficiary. The letter has been placed with the will which is stored by the Solicitor. 

What has your friend’s Solicitor advised him to do?

MobileSaver

HobgoblinBT said:

he wrote and signed a letter explaining the reason his decision for excluding each beneficiary. The letter has been placed with the will which is stored by the Solicitor.

^ This.

I recently helped someone do exactly this and (as confirmed and advised by the solicitor) any exclusions do not appear in the actual will but in a separate letter that details why someone was excluded from the will.

BooJewels

MobileSaver said:

HobgoblinBT said:

he wrote and signed a letter explaining the reason his decision for excluding each beneficiary. The letter has been placed with the will which is stored by the Solicitor.

^ This.

I recently helped someone do exactly this and (as confirmed and advised by the solicitor) any exclusions do not appear in the actual will but in a separate letter that details why someone was excluded from the will.

The benefit of that approach is that if the estate goes to Probate and the Will is then published and becomes a public record, it's a bit kinder that the exclusion isn't laid bare for anyone interested to see.