Yes you can exclude someone from your Will. We understand that life events may result in conflict between yourself and someone close to you. Maybe you don’t want to include someone in your Will because you feel as though you have financially supported them enough throughout their adult life.
Certain people can make a claim against your estate if they can prove that your Will does not make adequate provision for them.
To minimise the risk of a claim against your estate, here are some things to consider when excluding a person from your will:
- What is your reason for excluding this person from your Will?
- Have you recently separated or divorced from this person?
- Is this person estranged from you?
- Have you provided previous support or already made substantial gifts to this person?
- Lack of need (or increased need) – do you have someone who would benefit more from obtaining your estate than someone else?
- Do you have proof or substantial reasoning for excluding this person from your Will?
- Would you be willing to leave a letter alongside your Will outlining the details of why you have excluded this person from your Will? This can be used as evidence if that person makes a Court application in relation to your Will.
If you would like to create or amend a Will, please call any of our offices.
MORGAN COUZENS LEGAL
If you would like to know more about Wills, please read some of our previous blogs here:
Answering the most common myth about Wills – “I don’t have enough to make a Will”
