Yes, you can refuse an inheritance in England and Wales. Nobody is forced to accept money, property or possessions left to them under a will or the intestacy rules, and there are two main ways to do it: a disclaimer, which is a straight refusal, or a deed of variation, which lets you redirect the gift to someone else.
Which route suits a person depends on what they want to happen to the inheritance and the tax position of the estate. This guide explains how each works, the two-year time limit, what happens to the gift once you refuse it, and the points that catch people out. It is general information about the law of England and Wales, not advice for any individual situation. Figures and rules are current as at August 2026 and are subject to change.
The two ways to refuse an inheritance
There is an important difference between simply giving up an inheritance and choosing where it goes instead. A disclaimer does the first. A deed of variation does the second. You can vary or disclaim the whole gift or, with a variation, only part of it.
| Feature | Disclaimer | Deed of variation |
|---|---|---|
| What it does | Refuses the gift outright | Redirects the gift to a chosen person or trust |
| Choose who benefits? | No, it passes under the will or intestacy rules | Yes, you name the new beneficiary |
| Part of a gift? | No, generally all or nothing | Yes, all or part |
| Time limit for tax "read back" | Before accepting any benefit | Within 2 years of the death |
General position under the law of England and Wales; variation rules per gov.uk, as at August 2026, subject to change.
Refusing by disclaimer
A disclaimer is a formal refusal to accept an inheritance. If you disclaim, you are treated as though the gift was never made to you, and it then passes to whoever is next in line under the terms of the will or, where there is no will, under the intestacy rules (gov.uk, intestacy rules, as at August 2026, subject to change). You do not choose who receives it instead.
Two conditions matter with a disclaimer. First, it is usually all or nothing: you cannot keep part of a single gift and refuse the rest. Second, you cannot disclaim once you have already accepted the gift or taken any benefit from it, for example by receiving income from it or moving into a property. Because of these limits, a disclaimer suits someone who does not want the asset at all and is content for the will or intestacy rules to decide where it goes.
Refusing by deed of variation
A deed of variation, sometimes called a deed of family arrangement, lets a beneficiary redirect all or part of their inheritance to another person or into a trust. It is the more flexible route because you decide who benefits, and it can be used whether or not there was a will.
According to gov.uk, any changes to how an estate is shared "must be completed within 2 years of the death", and any beneficiary left worse off by the change must agree to it (gov.uk, altering a will after a death, as at August 2026, subject to change). A variation does not have to be a formal deed in every case, but it must be in writing, and specific wording is needed if you want it to be effective for tax. If the variation results in more inheritance tax being due, HMRC must be told within six months (gov.uk, as at August 2026, subject to change).
A disclaimer says "not me". A deed of variation says "not me, and here is who instead".
Where the inheritance goes when you refuse it
With a disclaimer, the gift falls back into the estate and passes to the next entitled person under the will or the intestacy rules, which may be a named substitute beneficiary or the residuary beneficiaries. With a deed of variation, it passes to whoever you name, which could be your own children, another relative, a friend or a charity. Redirecting a gift to charity can also affect the rate of inheritance tax on the estate, because a reduced rate of 36% can apply where at least 10% of the net estate passes to charity, instead of the standard 40% (gov.uk, inheritance tax, as at August 2026, subject to change).
The tax effects of refusing an inheritance
The main reason people use a deed of variation rather than simply giving the money away themselves is the tax treatment. Where a variation meets the conditions and includes the right statements, it is "read back" so that, for inheritance tax and capital gains tax, the gift is treated as if the person who died had made it directly to the new beneficiary (gov.uk, altering a will after a death, as at August 2026, subject to change).
This matters because it can avoid the redirected amount being treated as a fresh gift from you. If you accepted an inheritance and then gave it away yourself, that would normally be a potentially exempt transfer that only falls fully outside your estate if you survive seven years (gov.uk, inheritance tax on gifts, as at August 2026, subject to change). A properly drafted variation sidesteps that, because the gift is treated as coming from the estate, not from you. The rules are technical, and small drafting errors can undo the intended treatment, so this is an area where many people take professional advice.
| Point | Position | Source |
|---|---|---|
| Can you refuse an inheritance? | Yes, by disclaimer or deed of variation | gov.uk |
| Deed of variation time limit | Within 2 years of the death | gov.uk |
| Tell HMRC if more IHT due | Within 6 months of the variation | gov.uk |
| Standard inheritance tax rate | 40% | gov.uk |
| Reduced rate (10%+ to charity) | 36% | gov.uk |
Care fees, benefits and refusing an inheritance
Refusing an inheritance is not always neutral for other purposes. If someone gives up an inheritance while receiving means-tested benefits or while a local authority is assessing their means for care costs, the authority may consider whether assets have been deliberately given away. Rules on deliberate deprivation of assets can apply, and turning down money can be treated in a similar way to giving it away. This is one of several reasons why refusing an inheritance is worth thinking through rather than deciding quickly. Our guide on planning for and limiting the impact of care fees covers the wider picture.
Scotland and Northern Ireland
This guide describes the law of England and Wales. Scotland has its own succession law, including legal rights that can give a spouse, civil partner and children a fixed entitlement to part of an estate, and the way inheritances are refused or redirected can differ. Northern Ireland has a separate but broadly similar framework to England and Wales. Where an estate touches more than one UK jurisdiction, it can be worth taking advice in each.
Refusing an inheritance sits within wider estate planning decisions, and it often comes up during probate. If you are weighing up whether to disclaim or vary a gift, you can speak to the Fairchild Oldfield team for general guidance on the options.