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  • Writer's pictureEmma Aslett

Wills & Probate | Excluding Someone From Your Will

Updated: Jul 31, 2023

Research from an online Will writing company shows that one in ten Wills that are created on their website deliberately exclude someone from their estate.

People assume that by not including a person in their Will means that they will not receive anything. This is not necessarily the case.

If the person you are excluding is, for example, a spouse or civil partner, a child (regardless of their age), someone who was financially dependent on the deceased (and there are other types of people who are not included here), then that person may be able to make a claim against your estate.

It is important that if you do intend to exclude someone from your Will who would be entitled to make a claim against your estate, that you take legal advice to ensure that the Will is drafted in a way to explain that that person is deliberately excluded, briefly why, and to discuss ways in which to make a claim less likely.

Speak with your legal advisor to ensure that your Will is worded correctly and that any exclusion is set out properly, representing your true wishes, rather than simply not dealing with the issue.

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The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.

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