Exclude Someone from your Will

Need to exclude someone from a will?

The Family Provision Claim form can be used when you want to exclude someone from your Will. Although this form does not override the Provision for Family and Dependence Act it will go someway to ensuring your wishes are known and that you signed the Exclusion in front of two independent witnesses. Ready for immediate purchase and once completed should be stored with your Will. To find out more about the secure will storage services we provide then please call us on 020 8150 2010.

Exclude someone from your Will

When you have decided that you are going to Exclude someone from your Will it is often not an easy thing to do. There may be many reasons for you to make this decision. Your Will writing advisor should advise you to write a separate note that should be kept safely stored with your will. Our Family Provision Claim form will go in some way in ensuring your wishes are known. The document will let others know why you decided to exclude someone from your will.

Our Family Provision claim form is supplied in word format letting you edit it where necessary. The form allows you to put in the date of your will and the reason why you are excluding someone from your will. Please put the reason in your own words but do not be demeaning or derogatory towards anyone. Remember someone will be reading this later, it may also be that a Court judge is reading it.

Can someone contest my will

The Exclusion document we provide is not intended to be a cast iron solution. There are many factors that can influence a judge’s decision to over turn any decision made in a will. Fortunately in this country testamentary freedom does still exist, this means to say that if you exclude someone from your will and this is done correctly most times the decision is upheld however the problem is fending off a challenge to a will can be expensive. The more robust the defence the greater chance of your legal team have in fending off any such challenge. Our Family Provision claim form can help to ensure you have the necessary reasons clearly outlined and documented.

The Inheritance (Provision for Family and Dependants) Act 1975

This is doctrine set in law that, in summary, is there to provide for people who legitimately have a claim against your estate. When you exclude someone from your will you must be mindful to think of someone who has a legitimate interest, for example lets assume you and your spouse are separated but not yet divorced and you have two young children, if you made a will leaving your estate to your new partner then your previous spouse may well have a claim under the act mentioned above. In these circumstances it is important to document what you want and our family provision claim form can detail your wishes but it will not stop a judge from overruling your wishes if you have left him or her adequately provided for.