Preparing to remove someone from your will
You’re completely within your rights to exclude someone when you make a will. You’re free to do so for any reason at all, or no reason whatsoever.
However, before you make your final decision about who you’d like to leave your assets to, there are a few things to consider.
Take your time – disinheriting someone has consequences and can be a very difficult decision. Make sure that you are absolutely certain of your decision.
Talk in advance – rather than letting the news come as a shock, speak to the person or people involved. You may choose not to proceed, or it may make them less likely to contest your will later.
Seek legal advice – if possible, make sure ahead of time that your decision is legally and financially sound. You may be unable to disinherit someone if they’re already entitled to something, such as a share in a home or business.
Problems may arise after you’ve passed away. A disinherited person could potentially challenge the contents of your will. However, not everyone can contest a will. In England and Wales, the person must be one of the following:
- Your spouse, civil partner, or cohabiting partner
- Your former spouse or civil partner, if neither of you has remarried
- Your children, step-children, foster children, and any child who was treated as your own
- Anyone financially dependent on you
- Anyone living with you for the two years before your death
Your family members are not automatically entitled to receive anything unless you die without a will and without a named beneficiary. At that point, they could make a legal claim for all or part of your estate.
So, while you can’t stop someone from challenging your will, you can take several steps to help ensure your final wishes are carried out.
How to help prevent a challenge to your will after disinheritance
Start afresh
If you want to remove someone from your will, don’t add a separate document, also known as a codicil. Work with a legal expert to write a new will instead.
A new will helps stop the document becoming too complicated and open to challenge. It also means you can more accurately reflect your current wishes. While rare, codicils can also get lost, meaning someone you intended to remove could still end up inheriting.
Properly written and worded
As a legal document, your will should be as clear and unambiguous as possible. A will writer or solicitor can make sure that everything is correctly prepared. This may include a statement naming the excluded person, to show that the omission was intentional rather than accidental.
Offer a token gift
Naming someone as the beneficiary of a small gift in your will can help them feel remembered rather than entirely excluded. This could be a keepsake or a small amount of money. It may also make it harder for them to later claim that you left them out by mistake.
You might also include a condition that they only inherit this gift if they do not contest your will. A solicitor can advise you on whether this is appropriate.
Include a Letter of Wishes
A Letter of Wishes is a non-binding document designed to make your decisions clearer. It often lists assets such as bank accounts, sets out the type of funeral you want, and explains who should receive smaller personal possessions. The aim is to make it easier to distribute your estate.
When you write a Letter of Wishes, you should also explain why you have made the decisions in your will. This can include your reasons for disinheriting someone. The letter should be stored alongside your will.
Talk to a doctor
Your state of health or mental capacity could be used as grounds to challenge your will. To reduce this risk, it may be worth asking your doctor whether they are willing to provide a statement confirming that you are of sound mind. This can help show that you understood your actions and the consequences of removing someone from your will.
To further guard against a dispute, you could also ask your doctor to witness the signing of your will. If a challenge arises, they may then be able to confirm that you were of sound mind at the time.
Does it cost to remove someone from a will in the UK?
Removing an executor from a will can involve legal costs. As with many legal expenses, the amount you may need to pay varies from case to case. If the matter is complicated or the executor being removed opposes it, the costs are likely to be higher.
Once the executor has been successfully removed, the general rule is that the unsuccessful party may be ordered to pay the legal costs of the successful party.
How much does it cost to remove someone from a will in the UK?
Costs for removing an executor from a will can range from £5,000 to £15,000 plus VAT. As noted above, the more complicated the case, the more expensive the court fees are likely to be.
If there are evidential issues, costs can rise to £20,000 or even £30,000 plus VAT.
Write the will you want
Your will is a deeply personal document, so make sure it fully reflects and respects your wishes with The Law Superstore.
Whether you own a complex estate or just a few personal belongings, we’ll help you compare prices for will writers and law firms near you who can help make your will your own. Find peace of mind in your legal arrangements.