Guide
Can you cut someone out of your will?
In England and Wales you are generally free to leave your estate to whoever you choose, but certain people, including children, spouses and dependants, can still make a claim if the will does not make reasonable financial provision for them. Clear planning reduces the risk of a successful challenge.
Last reviewed 20 October 2026. General information, not legal advice. All guides
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The general rule
Unlike some countries, England and Wales do not have forced heirship. You do not have to leave anything to your children. Scotland has different rules, so this guide covers England and Wales.
Who can claim anyway
Under the Inheritance (Provision for Family and Dependants) Act 1975, the following people can ask a court for reasonable financial provision from an estate:
- A spouse or civil partner
- A former spouse or civil partner who has not remarried
- A child of any age, including an adult child
- Someone treated as a child of the family, such as a step-child
- A partner who lived with you as a couple for at least two years before your death
- Anyone who was financially maintained by you
The court looks at things such as the claimant’s needs and resources, the size of the estate, and any other people who depend on it. A claim has to be brought within six months of the grant of probate.
Other ways a will can be challenged
- The person did not have mental capacity when they made it
- Undue influence, where someone pressured them
- The will was not signed and witnessed properly
- Fraud or forgery
Reducing the risk
- Use a professional who will check capacity and record why you made your decisions.
- Explain your reasons in a separate letter of wishes. It is not part of the will but can help later.
- Think about leaving something, even a modest amount, rather than nothing.
- Consider a trust, which can be harder to challenge than a will and keeps details private.
No planning can guarantee that a claim will not be made, but good planning makes a successful one much less likely.
Quick answers
Common questions
Can an adult child claim against my estate?
Yes. A child of any age can apply to the court if the will does not make reasonable provision for them, although the court looks closely at the circumstances.
What is the time limit for a claim?
Normally six months from the date the grant of probate is issued.
Does a letter of wishes protect my will?
It cannot stop a claim, but it can show why you made your decisions, which a court may consider.
Keep reading
Related guides
What happens if you die without a will in England and Wales?
If you die without a will, a fixed set of rules called the intestacy rules decides who inherits, not you.
How should blended families make wills?
If you have children from a previous relationship, a standard will that leaves everything to your new partner can leave your own children with nothing, because your partner can then leave it all to someone else.
Are wills public documents, and where should you store yours?
A will is private while you are alive.
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