Can a parent exclude a child from their will in England and Wales?

When it comes to inheritance law in England and Wales, parents generally have the freedom to distribute their estate as they wish.

However, they may face challenges if they decide to exclude a child from their will. While parents can technically disinherit a child, certain legal protections exist, allowing children to challenge their exclusion.

This article explores the various circumstances under which a parent can exclude a child from their will, the legal rights of children and others involved in the inheritance process, and the implications of the Inheritance (Provision for Family and Dependants) Act 1975.

Who is considered a “child” in law for the purpose of inheritance?

In inheritance law, the term "child" can encompass more than just biological offspring. Here’s who qualifies as a child under English and Welsh inheritance rules:

• Biological children: A biological child of the deceased is entitled to inherit under intestacy laws or a will.
• Adopted children: Adopted children are treated the same as biological children when it comes to inheritance rights. They have the same legal right to inherit from their adoptive parents as a biological child.

However, step-children do not automatically inherit from a step-parent unless specifically included in the will. Step-children may apply for reasonable provision under the Inheritance Act if they were financially dependent on the deceased, but they are not automatically entitled to a share of the estate.

Do children have a legal right to inherit from parents?

In general, children do not have an automatic right to inherit under the laws of intestacy in England and Wales if their parent dies without a valid will. If a parent does not make a will, their estate will be distributed according to the Intestacy Rules, and children are entitled to a share of the estate. However, if the parent has a valid will, they can decide how their estate is distributed, including whether they wish to exclude a child.

That said, there are protections for children under the Inheritance Act. This allows children (including adopted children) to apply to the court for reasonable financial provision if they feel that they have not been adequately provided for in the will or under intestacy.

What is “reasonable provision” and how does the inheritance act apply?

The Inheritance Act enables children and other dependants to challenge a will if they believe they have not been provided for adequately. The court will assess what constitutes “reasonable provision” based on the claimant’s needs, the deceased’s estate, and the relationship between the deceased and the claimant.

The court typically considers the following factors when determining reasonable provision:

• The claimant’s financial need
• The deceased’s estate size and nature
• The claimant’s relationship with the deceased
• Any other claims against the estate

Why do parents disinherit their children?

There are several reasons why a parent may choose to disinherit a child or leave them a reduced share of their estate. Common reasons include:

• Estrangement: Some parents may have a strained or broken relationship with their child, leading them to exclude them from their will.
• Financial independence: If a child is financially independent and does not need an inheritance, a parent may choose to leave their estate to others.
• Disagreements over values or behaviour: In some cases, parents may disinherit a child due to moral or ethical differences, such as lifestyle choices or behaviour.
• Caregiving: If one child has been the primary caregiver for the parent, the parent may leave more to them and exclude others.
• New families: In cases of remarriage, a parent may wish to leave their estate to their new spouse or children from a second marriage, rather than to children from a previous relationship.

What clauses can a parent add to their will to disinherit a child?

To ensure that a child is excluded from their estate, a parent can include certain clauses in their will. These include:

• Express exclusion: A parent can clearly state in their will that they are intentionally excluding a child from inheriting. This ensures that there is no ambiguity in the will, which can help avoid challenges.
• Conditional bequests: A parent might impose conditions on their child's inheritance. For example, a child may inherit only if they meet certain requirements, such as behaving in a specific manner or completing certain tasks.

By making these provisions explicit in the will, parents can reduce the likelihood of challenges from a disinherited child. However, the child may still be able to apply to the court for a claim under the Inheritance Act if they believe they are entitled to a reasonable share.

Can a parent leave everything to one child and exclude others?

Yes, a parent can choose to leave their entire estate to one child and exclude the others entirely. This decision is within a parent’s legal rights. However, this could prompt a legal challenge if the disinherited children believe they are entitled to a share of the estate.

Under the Inheritance Act, a child may apply for reasonable financial provision from the estate, even if they are excluded from the will. The court will consider factors like the financial need of the child, the relationship between the child and parent, and the size of the estate when determining whether reasonable provision should be made.

What about grandchildren?

Grandchildren do not have automatic inheritance rights unless they are named in the will or are the children of a deceased child who would have otherwise inherited. If the parent of the grandchild has already passed away, grandchildren may inherit under the Intestacy Rules.

However, grandchildren can also apply for financial provision from the estate if they are financially dependent on the deceased grandparent.

Case law example: Ilott v the blue cross [2017]

The case of Ilott v The Blue Cross and Others [2017] is a landmark ruling that highlights how a disinherited child can claim reasonable provision from a deceased parent’s estate. In this case, the deceased mother left her entire estate to charity, deliberately excluding her daughter. Despite this, the daughter, who was financially dependent, successfully claimed a sum of money from the estate, demonstrating the court’s willingness to ensure that children receive reasonable provision even when explicitly excluded from a will.

This case reaffirmed the importance of the Inheritance Act, emphasising that children who have been financially dependent on their parents can challenge a will if they believe they have not been adequately provided for.

Conclusion

While parents in England and Wales have the legal right to disinherit a child and leave their estate to others, they must be aware of the potential for legal challenges. Children, particularly those who were financially dependent, have the right to apply for reasonable financial provision under the Inheritance Act.

Furthermore, the court’s ruling in Ilott v The Blue Cross serves as a reminder that even when a will excludes a child, a claim for reasonable provision may still be successful if the child is in financial need. Therefore, when drafting a will, it is important for parents to consider the legal rights of their children and other dependents.

Seeking expert legal guidance

Navigating the legal complexities of an Inheritance Act claim can be daunting. It's highly advisable to seek guidance from experienced and expert lawyers specialising in wills and inheritance disputes. They can assess your situation, determine your legal options, and advise you on the best action.

Remember, bringing a claim under the Inheritance Act is a serious undertaking, and the success of your claim will depend on the specific facts and circumstances of your case. With careful consideration and expert legal support, you can increase your chances of achieving a favourable outcome.