Can you disinherit a child in the UK? The short answer: yes, but it's not as straightforward as simply leaving them out of the will. England and Wales has no forced heirship law — there's no automatic reserved share for children as in France or Spain. But adult children can apply to court for "reasonable financial provision" under the Inheritance (Provision for Family and Dependants) Act 1975 if they were not provided for. This guide covers the law, the practical steps to make a disinheritance stick, and the realistic outcomes of the court challenges that follow.
Key takeaways:
- England and Wales has no forced heirship. You can in principle leave your children nothing in your will.
- Children — including adult children — can challenge under the Inheritance (Provision for Family and Dependants) Act 1975 if the will fails to make "reasonable financial provision" for them.
- Adult children rarely win full reinstatement. Courts award them modest "maintenance" provision if their financial need and the deceased's moral obligation justify it.
- The most important defensive step is a clear letter of wishes explaining your reasons for the disinheritance, drafted carefully alongside the will.
- Minor children and financially dependent adult children have stronger claims and are routinely awarded provision by the courts.
The basic rule: no forced heirship
Under English law, the testator has testamentary freedom. You can leave your estate to anyone you choose — children, charity, friends, the cat. There is no automatic reserved share for any class of beneficiary.
This contrasts sharply with civil-law jurisdictions like France, Spain or Germany, where children typically have a "réserve" or "Pflichtteil" — a percentage of the estate that automatically goes to them, regardless of what the will says.
In England and Wales, your will can disinherit any or all of your children. The will itself is legally valid and the executors must follow it.
The Inheritance Act safety net
Testamentary freedom is limited by the Inheritance (Provision for Family and Dependants) Act 1975. This Act lets certain categories of person apply to court for "reasonable financial provision" from the estate if the will (or intestacy) hasn't made it.
Categories of eligible applicant include:
- Spouse or civil partner
- Former spouse or civil partner who has not remarried
- Cohabitee of at least 2 years before death
- A child of the deceased (including adult children)
- Any person treated as a child of the family in relation to the deceased's marriage
- Any person who was being maintained by the deceased immediately before death
Children — including adult children — fall squarely in the eligible category. A child cut out of a will can apply to court.
What "reasonable financial provision" means for adult children
The court applies different standards depending on the applicant:
- For a surviving spouse: "such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance." This is broad.
- For everyone else, including adult children: "such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance." This is narrower — the test is maintenance, not entitlement.
For adult children, "maintenance" doesn't mean a guaranteed inheritance. It means whatever the court thinks reasonable to maintain the applicant given:
- Their financial resources and needs (current and reasonably foreseeable)
- The size and nature of the estate
- Any obligations the deceased had to them or to other beneficiaries
- Any physical or mental disability of the applicant
- Any other relevant matter
An adult child with a steady job, good health and their own home will struggle to claim maintenance. An adult child with a disability, low income, dependant children of their own, or other financial vulnerability has a much stronger case.
The Ilott case — the leading authority
The case of Ilott v The Blue Cross and others [2017] UKSC 17 is the modern leading authority. Mrs Ilott was the estranged adult daughter of Mrs Jackson, who left her entire £486,000 estate to three animal charities and explicitly nothing to her daughter.
Mrs Ilott applied under the 1975 Act. The case went through multiple courts. The Supreme Court eventually held:
- The mother's clearly expressed wishes carried weight
- The animal charities had a legitimate interest as beneficiaries
- The daughter had limited financial need (she lived modestly on benefits)
- The court reduced her award to £50,000 (about 10% of the estate) for maintenance
Key takeaways from Ilott:
1. Adult children can win 1975 Act claims — the courts do override clearly disinheriting wills.
2. But the awards are modest, especially for adult children with limited demonstrable need.
3. The testator's reasons matter. A clearly explained disinheritance survives challenge better than an unexplained one.
4. Charities and other beneficiaries can defend the will and have standing to oppose 1975 Act claims.
Making a disinheritance stick
If you genuinely want to disinherit a child, the steps to make it as robust as possible:
### 1. Be explicit in the will
Don't just omit them. Include a clause like: "I have made no provision in this will for my son James Smith. This is a deliberate decision, made with full knowledge of his existence and his circumstances. I have considered the matter carefully."
This denies any later argument that you "forgot" the child or assumed they were covered elsewhere.
### 2. Write a detailed letter of wishes
Drafted alongside the will, the letter explains:
- Why you've made this decision
- The history of your relationship with the child
- Any specific events or considerations that informed the decision
- Whether the child is financially comfortable independently
- Whether you've already provided for them in life (gifts, education, property)
The letter is not legally binding on the executors but is admissible as evidence in any 1975 Act claim. It tells the court your reasoning at the time.
A measured, factual letter helps the executors and any defendant beneficiaries. A bitter, angry letter can backfire — judges have noted that explicit hostility sometimes makes them more sympathetic to the claimant.
### 3. Take legal advice
The interplay between will drafting and 1975 Act risk benefits from a solicitor's input — especially for any estate where disinheritance is contemplated. The cost (typically £500-£1,500) is small relative to the cost of litigation if the will is challenged.
### 4. Consider partial provision
A small token gift to the child (e.g. £5,000 in a £400,000 estate) is often suggested as a defensive measure. Logic: if the child is "in the will" (even minimally), they can't easily argue they were forgotten or treated as if they didn't exist. Whether this actually deters a 1975 Act claim is debated — but it's a low-cost option.
### 5. Make lifetime gifts
If you've already given the child substantial lifetime support (a property deposit, university fees, a wedding contribution), document this. It strengthens the argument that you've already provided for them.
### 6. Use trusts where appropriate
For complex situations (e.g. a child with addiction issues, or a child you want to support modestly without giving control), a discretionary trust may serve better than outright disinheritance. The trustees can exercise discretion to provide for the child if circumstances change.
Trusted Hands wills can include explicit disinheritance clauses. For any contested or sensitive family situation, we recommend pairing the will with a solicitor-drafted letter of wishes. Start your will →
When the courts award substantial provision
The 1975 Act is generous to certain applicants:
- Minor children are almost always provided for. A will leaving nothing to a minor child of the deceased will be overridden.
- Adult children with significant disability or chronic illness often receive substantial provision (sufficient housing, maintenance income).
- Adult children who were financially dependent on the deceased (e.g. an unmarried adult child living in the family home with no significant income) typically receive ongoing maintenance.
- Adult children who provided care to the deceased may receive compensation for that care.
By contrast, healthy, financially independent adult children — even those completely cut out — usually receive modest provision at most, and sometimes nothing.
The cost and time of a 1975 Act claim
Claims are made under court rules and follow standard civil procedure:
- Time limit: 6 months from the grant of probate. Late claims need court permission and rarely succeed.
- Cost: typical claim £20,000-£100,000 in legal fees, often more if the case goes to trial.
- Time: 12-24 months from claim to judgment, longer for complex cases.
- Outcome: most cases settle out of court, often for modest sums. The cost of litigation usually pushes both sides toward settlement.
The estate pays the costs of administering the claim. Successful claimants can sometimes recover costs from the estate; losing claimants may have to pay the estate's costs.
Frequently asked questions
Can I really leave nothing to my children?
Legally, yes. Practically, a will leaving nothing to your children invites a 1975 Act challenge. The challenge may not succeed, but the cost and disruption are significant. Take legal advice.
What about leaving them only £1?
A nominal gift doesn't avoid 1975 Act risk — courts look at the substance, not the form. £1 to a child while leaving £500,000 to a charity is treated as a disinheritance and assessed accordingly.
Can I disinherit a child for moral reasons?
You can disinherit for any reason. Whether the courts uphold your decision against a 1975 Act claim depends on the factors above — the child's needs, your reasons, the size of the estate, the legitimate interests of other beneficiaries.
What if my child has substantial wealth of their own?
The court will weigh this in any 1975 Act claim. A wealthy adult child has no realistic "maintenance" need, so their claim is much weaker.
Can I disinherit a stepchild?
A stepchild is a child of the deceased's spouse, not (usually) of the deceased themselves. Stepchildren have weaker claim rights under the 1975 Act unless treated as a child of the family or financially maintained by the deceased.
What if I want to leave my children unequal shares?
Entirely legal and very common. Unequal distribution does not by itself trigger a 1975 Act risk; only a child who is left disproportionately less (or nothing) and who has financial need has grounds to apply.
Can I disinherit my children via a deed of variation?
A deed of variation must be signed by all affected beneficiaries — so if a child is in the will, you can't unilaterally vary them out. They have to agree to give up their inheritance.
Will the cost of a 1975 Act claim come out of my estate?
Yes — the costs of defending the claim come from the estate, reducing what other beneficiaries receive. This is one reason to think carefully before making a disinheritance that's likely to be challenged.
Trusted Hands is a UK will-writing service, not a firm of solicitors. For any contemplated disinheritance — especially of a close family member — we strongly recommend regulated legal advice on the drafting and the accompanying letter of wishes.
Build a will that handles family complexity
Trusted Hands wills can include explicit clauses for difficult family situations, and pair with a solicitor partner for any contemplated disinheritance.
- From £49 for a single will
- Smart Will Engine flags complex family scenarios
- Letter of wishes storage in the Family Vault
- Solicitor partnership for contested-risk drafting