Can I disinherit my spouse?

You can write a will that leaves nothing to your spouse, but they have the strongest right to claim reasonable financial provision under the Inheritance Act 1975. Courts treat spouses generously, so fully disinheriting a spouse is high-risk and should not be attempted without legal advice.

Do I have to explain why I disinherited someone?

You do not have to, but it is strongly advisable. A signed letter of wishes setting out your reasons, kept with the will, gives your executors evidence to defend your decision if the disinherited person brings a claim.

Can I disinherit someone?

England & Wales · Wills

Quick answer

Yes. In England and Wales you can disinherit almost anyone, including an adult child, because the law allows testamentary freedom. But disinheritance is not always final: a spouse, civil partner, cohabiting partner of two years, child, or someone you financially maintained can claim reasonable provision under the Inheritance Act 1975. Documenting your reasons in a letter of wishes makes the decision far easier to defend.

Detailed explanation

There is no automatic right to inherit in England and Wales. You can leave a person out of your will completely. To do so cleanly, name the people you do want to benefit and include a residuary clause, so there is no gap that lets the disinherited person back in through intestacy.

The check on this freedom is the Inheritance (Provision for Family and Dependants) Act 1975. A defined group can ask the court for reasonable financial provision if the will leaves them without it. The strength of a claim varies enormously: a spouse or civil partner has the strongest position; a dependent or disabled child has a strong position; an independent adult child has a weaker one, though not a hopeless one. Claims must usually be brought within six months of the grant of probate.

You cannot defeat a 1975 Act claim simply by saying "I disinherit X." But you can make your will robust by:

writing a signed letter of wishes explaining your reasons, kept with (not inside) the will;
recording any estrangement, gifts made during your lifetime, or the person's financial independence;
taking legal advice, especially before disinheriting a spouse or dependant.

Example scenario

Peter has been estranged from his son for 20 years and wants to leave him nothing. He makes a will leaving his estate to his sister, includes a residuary clause, and writes a dated letter of wishes describing the estrangement and his reasons. His son could still claim under the 1975 Act, but as a financially independent adult with no dependency on Peter, the documented reasons give the executors a strong defence.

Watch out: Disinheriting a spouse or civil partner is the highest-risk choice. Never attempt it without specialist advice, as courts treat surviving spouses generously.

Sources

Inheritance (Provision for Family and Dependants) Act 1975 — legislation.gov.uk
Ilott v The Blue Cross and others [2017] UKSC 17
GOV.UK — Make a will

Reviewed by: ClearLegacy editorial team
Last reviewed: June 2026
Next review: December 2026
Jurisdiction: England & Wales

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Can I disinherit someone?

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