Disinheriting a Child: What You Need to Know

Yes, in England and Wales you can disinherit a child, because the law generally lets you leave your estate to whoever you choose. What you cannot do is remove every possibility of a claim: a child, including an adult child, may apply to the court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

This creates a gap between what a will says and what may finally happen. A well-drafted will still matters, but so does understanding who can challenge it and why. This guide explains the freedom you have, the limits on it, and the steps many people consider to make their wishes harder to unsettle. It forms part of our wider estate planning guide. Figures and rules are current as at July 2026 and are subject to change.

Can you disinherit a child in the UK?

In England and Wales you can. The starting point is testamentary freedom: you may leave your estate to whoever you wish, and there is no rule forcing you to include a child. You can name other beneficiaries, or leave a child a smaller share than their siblings. The important qualification is that leaving a child out of a will does not, by itself, prevent that child from later asking a court for provision from the estate.

There is no forced heirship in England and Wales

Unlike some European countries, England and Wales has no forced heirship rule that reserves a fixed share of an estate for children. You are generally free to distribute your estate as you choose in a valid will. That freedom is real, but it sits alongside the Inheritance Act 1975, which lets certain people ask the court to intervene where a will, or the intestacy rules, do not make reasonable financial provision for them.

You are free to decide who inherits. That freedom is not the same as a guarantee that the estate will pass exactly as written.

It is worth separating two things. If you die without a valid will, the intestacy rules decide who inherits, children are among those who may benefit, and an unmarried partner receives nothing under those rules (gov.uk, who can inherit if there is no will, as at July 2026, subject to change). Disinheriting a child is a deliberate choice made in a will, which is a different situation from the estate simply falling to the intestacy rules.

Who can bring a claim, and on what basis

Not everyone can challenge a will, and the 1975 Act sets out defined categories of applicant. A child of the deceased, whether a minor or an adult, can apply, and so can a person the deceased treated as a child of the family, such as a stepchild in some circumstances (legislation.gov.uk, 1975 Act, s.1, as at July 2026, subject to change). The table below sets out the main routes and how they differ.

General categories drawn from legislation.gov.uk, 1975 Act, s.1, as at July 2026, subject to change. See contesting a will for the validity routes.

A financial provision claim and a validity challenge are different arguments. The first accepts the will is valid but says it does not provide reasonably for the applicant. The second says the will should not stand at all. A disinherited child might, depending on the facts, consider either, which is one reason careful drafting and clear records tend to matter.

Steps some people consider to reduce the risk of a claim

You cannot guarantee that a will is claim-proof, but there are recognised steps that may make a disinheritance harder to unsettle. These are general points, not a recipe for any particular family, and it can be worth discussing them with a qualified professional who can weigh your circumstances.

1. A clear, valid will. A properly drafted and correctly executed will reduces the room for a validity challenge and shows your intentions plainly.
2. A letter of wishes. A separate, non-binding letter explaining why a child has been left out can help the court understand your reasoning, though it does not bind anyone.
3. Contemporary records. Notes made at the time, and evidence of capacity, can support the position that the decision was considered and freely made.
4. Reviewing after life changes. Many people revisit a will after a family estrangement, reconciliation, marriage or divorce, since an out-of-date will can create confusion.

None of these steps removes the possibility of a 1975 Act claim, because that right sits in statute (legislation.gov.uk, 1975 Act, s.1, as at July 2026, subject to change). They may, however, put the estate in a stronger position if a dispute arises. This is an area where many people choose to take advice from a solicitor rather than rely on a template.

Disinheriting a child in Scotland and Northern Ireland

This guide describes the law of England and Wales, where the 1975 Act applies. Scotland is different: its succession law gives a spouse, civil partner and children legal rights to a fixed share of the moveable estate, such as money and possessions, which cannot simply be removed by a will, so a full disinheritance of a child is harder there. Northern Ireland has its own family provision legislation that is broadly similar in aim to the England and Wales regime. Where an estate touches more than one UK nation, it can be worth taking advice in each. For the foundations, see How to Write a Will.

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