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How can I exclude someone from my Will?

Written by Sasha Best

Excluding people from your Will that may have a claim, and laying conditions for the grounds of exclusion is complex and requires bespoke legal drafting by a solicitor. Even with bespoke legal drafting there is no guarantee that the estate won't be contested.

For example, children or spouses are often considered eligible persons who may contest a will if they believe they have not received adequate provision.

Common Scenarios for Beneficiary Management

  1. Excluding Estranged Children: Even with tailored drafting, there is no guarantee that an excluded child cannot contest the will. Legal advice can help structure the will to align with your wishes while minimizing risks.

  2. Leaving Assets to Grandchildren: You can name your grandchildren as beneficiaries to inherit specific assets, such as your house. However, explicitly excluding other family members, like children, requires legal assistance.

  3. Leaving an Estate to Charities: Safewill allows you to designate charities as beneficiaries. If you wish to exclude eligible family members, legal advice is essential to strengthen your will.

With Safewill, you are able to provide instructions to divide your estate how you wish and can include notes about why you have done it that way. However, the express and conditional exclusion of beneficiaries is more complex than our platform allows for and we recommend that you seek legal advice if you want to exclude eligible persons from your Will.

Alternatively, Safewill offers a Customised Will service, which includes a consultation with a specialist wills lawyer to address complex scenarios like exclusions or conditional clauses.

Safewill offers the ability to book a telephone consultation with a specialist Wills lawyer from our affiliate law firm Safewill Legal. One of their lawyers can talk to you about your personal circumstances, and advise you on the best way to proceed.

Additionally, the Customised Will service provides a more comprehensive solution for those with complex needs, ensuring tailored legal drafting and expert advice.

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