Can you legally disinherit your spouse in your will?
In the UK, you can choose to distribute your estate however you like, even if that means disinheriting your spouse. This concept is known as testamentary freedom. However, this doesn’t mean your spouse is left without options. Under the Inheritance (Provision for Family and Dependants) Act 1975, a spouse can challenge the will if they believe they haven’t been left a reasonable financial provision.
The court will take into account various factors, such as the financial needs and resources of your spouse, the size of the estate, the duration of the marriage, the contributions each spouse made to the welfare of the family, and the conduct of the parties. The goal is to ensure that the surviving spouse is adequately provided for, which could mean more than just basic maintenance.
For example, if your spouse is financially dependent on you, the court might decide they need to receive a certain portion of the estate to maintain their standard of living. Even if you’ve had a rocky relationship, the court might still consider it fair to ensure your spouse isn’t left in financial difficulty.
It’s always a good idea to seek legal advice when writing your will to navigate these complexities and make sure your will is fair, legally sound, and less likely to be contested.
At G&H, we’re here to help you with just that. Please get in touch.
