Leaving a Child Out of a Will: What You Need to Know

Whether you are a parent planning your estate, an adult child who has been excluded, or an executor involved in a potential will dispute, understanding how exclusion works under the law of England and Wales is essential. This article explains the legal framework, the rights of those involved, and the practical steps you should take.

Testamentary freedom and its limits

In England and Wales, individuals generally enjoy testamentary freedom, meaning they can leave their estate to anyone they choose. However, this freedom is not absolute. Although a child has no automatic right to inherit under a valid Will, they may challenge their exclusion under the Inheritance (Provision for Family and Dependants) Act 1975 if the Will fails to make reasonable financial provision for them. Parents can technically disinherit a child, but doing so may expose the estate to the risk of litigation.

Who is a “child” and what rights do they have?

Who counts as a child?

Under inheritance law the term may include:

• A biological child of the deceased.
• An adopted child (treated the same as a biological child for inheritance rights).
• Persons who were treated by the deceased as a child of the family (in some cases).
• Step-children – these do not automatically inherit from a step-parent unless specifically included in the Will. But they may be able to apply for provision under the 1975 Act if financially dependent.

Do children automatically inherit?

Children do not have an automatic right to inherit under the Will simply because they are a child. If the parent makes a valid Will, they can choose to exclude a child.

If the parent dies intestate (without a valid Will), then the Intestacy Rules apply, and children may receive a share by law.

Challenge rights under the 1975 Act

A child (including an adult child) may apply to the court under the 1975 Act if they believe the Will (or intestacy) fails to make “reasonable financial provision” for them.

The court will judge the claim on a needs/maintenance basis rather than an entitlement to a “fair share”.

What is “reasonable financial provision”?

Under the 1975 Act, when assessing whether reasonable financial provision has been made for a child, the court considers:

• The financial resources and needs of the claimant (the child) and what they are likely to have in the foreseeable future.
• The financial resources and needs of any other eligible claimant.
• The financial resources and needs of the beneficiaries under the Will.
• Any obligations or responsibilities the deceased had toward the claimant or any beneficiary.
• The size and nature of the deceased’s net estate.
• Any physical or mental disability of the claimant or beneficiary.
• Any other relevant matters (including conduct).

Why parents may exclude a child and how to do it carefully

Parents may choose to exclude a child from their Will for many reasons. Estrangement is a common factor, particularly where the parent–child relationship has broken down over time. Some parents decide that a financially independent child does not require further provision, while others may choose to prioritise a spouse, partner, or other children. In blended families, parents sometimes make decisions based on complex personal or financial considerations.

If a parent wishes to exclude a child, the Will should state this intention clearly. Many parents also prepare a letter of wishes to explain their reasoning; although not legally binding, it can help demonstrate that the decision was deliberate and considered. Documenting the rationale, such as earlier financial support or the child’s independence, may also assist in defending the estate against any challenge. Regularly reviewing the Will and seeking professional advice are key to reducing the risk of future disputes.

What if the child is excluded – steps for adult children

If you have been excluded from a parent’s Will, your first step is to obtain a copy of the Will or confirm whether one exists. You should also examine your financial circumstances carefully, including your income, savings, health, dependants and future needs, as these will be central to any claim under the 1975 Act. Understanding the size of the estate and the position of other beneficiaries is also important. Consider the nature of your relationship with the deceased and whether they owed you ongoing care or financial responsibility.

It is vital to be aware of the strict time limit: a claim under the 1975 Act must usually be issued within six months of the Grant of Probate. Mediation or negotiation is often preferable to immediate litigation, and many claims settle at an early stage. You should seek specialist legal advice promptly, as these cases are fact-specific and outcomes can vary significantly.

Risks and considerations for executors and beneficiaries

Executors and beneficiaries must be aware that a 1975 Act claim can reduce the share they expected to receive, even where the Will is clear. Executors may need to delay distributing the estate until they are satisfied that no claim is forthcoming or until the limitation period has passed. Accurate record-keeping is essential, including details of the deceased’s assets, liabilities, and any reasons they documented for excluding a child. Letters of wishes and other evidence of the testator’s intentions may be important in defending a claim.

Important case law: Ilott v Mitson (formerly Ilott v The Blue Cross)

In the landmark case of Ilott v Mitson, a mother left her entire estate to charities and deliberately excluded her estranged daughter, who was reliant on state benefits. The Supreme Court ultimately awarded the daughter £50,000, despite the mother’s clear intention to disinherit her. The case illustrates the balance between testamentary freedom and the need to protect dependants. It demonstrates that even a deliberate exclusion will not necessarily prevent a successful claim where financial need is established.

Next steps

Parents may legally exclude a child from their Will, but exclusion is not absolute. A child may still challenge the Will under the 1975 Act if reasonable provision has not been made, particularly if they were financially dependent. Outcomes depend heavily on individual circumstances, including the needs of the child, the size of the estate and the relationship between the parties. Professional legal advice is essential for parents wishing to exclude a child, for children who believe they have grounds for a claim, and for executors or beneficiaries managing the risk of a potential dispute.

If you are considering excluding a child, you should review your Will with a qualified solicitor and ensure your reasoning is properly documented. If you are a child who has been excluded or given little under a Will, you should seek specialist advice promptly due to strict time limits. Executors and beneficiaries should also obtain early advice where exclusion has occurred, to ensure the estate is managed responsibly and with an awareness of potential claims.

How Hegarty Solicitors Can Help

Navigating issues around excluding a child from a Will, or challenging a Will as a child who has been left out, can be complex, emotional and legally demanding. At Hegarty, our specialist Wills, Trusts & Probate and Contentious Probate teams have extensive experience advising families on:

• Drafting clear, robust Wills that minimise the risk of disputes
• Preparing letters of wishes and documenting the reasons for exclusion
• Managing estates where a child has been excluded and assessing risk of claim
• Advising adult children on whether they may have a valid claim under the Inheritance (Provision for Family and Dependants) Act 1975
• Negotiating or defending claims brought against estates
• Supporting executors and beneficiaries when facing inheritance disputes

We understand the sensitivity involved in family relationships and estate planning decisions. Our approach is compassionate, practical and focused on giving you clarity and confidence about your legal position.

If you would like expert advice about excluding a child from your Will, challenging a Will, or managing a potential 1975 Act claim, our team is here to help.