Why Careful Planning is Essential if You Have Estranged Family Members

Family relationships can be complex, and sometimes people become estranged from parents, children or other close relatives. While you may have no contact with them, under the UK Intestacy Laws, estranged relatives may still inherit from you upon your demise without a valid Will. 

This means that without careful planning, your estate could end up in the hands of someone you have not spoken to in years or even decades. 

How Estrangement Affects Your Estate

In the UK, if you die without a valid Will, the laws of intestacy decide who inherits. This process does not consider the spouse, child or other relative who could still receive a share of your estate. 

Even if you make a Will that excludes them, they may still have the legal right to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, arguing they were financially dependent or that a reasonable provision has not been guaranteed to succeed. This can cause stress, legal costs and delays for your chosen beneficiaries. 

Why Make a Will? 

A professionally drafted Will allows you to do the following: 

1. Decide exactly who will inherit your assets. 
2. Exclude individuals you do not wish to benefit. 
3. Protect your estate from potential disputes. 
4. Appoint executors you trust to carry out your wishes.

It is a common misconception that you can leave your estate to whomever you choose, without consequences. While English law does support testamentary freedom, that freedom is not absolute. If a close family member, such as an estranged child or spouse, is excluded or left with little provision, they may still be able to challenge your Will after your death. 

Making Your Intentions Clear 

If you want to prevent an estranged relative from benefiting, clarity and record-keeping are essential. 

• Be precise in your Will – Name all intended beneficiaries and set out exactly how you want your assets divided. 

• Add a Letter of Wishes – This informal document, stored alongside your Will, explains your reasoning for any exclusions. Although not legally binding, it can be powerful evidence if your Will is challenged. 

• Get Professional Advice – A solicitor can ensure your Will meets all legal requirements, reducing the risk of successful disputes. 

The more transparent and deliberate your decisions, the harder it will be for someone to argue that you acted impulsively or under pressure. 

Beyond a Simple Will 

If your circumstances are complex, additional estate planning tools can offer stronger protection. For example, discretionary trusts allow appointed trustees to decide how and when beneficiaries receive their inheritance. This can limit the ability of an excluded person to claim a fixed entitlement. 

Other strategies to consider include: 

• Lifetime Gifts to your chosen beneficiaries, reducing the size of your estate. 
• Transferring Assets into a Trust during your Lifetime to place them outside of your estate. 
• Reviewing pension and Insurance Nominations to ensure they align with your Will. 

These approaches need careful structuring to avoid tax or legal pitfalls; therefore, expert advice is crucial. 

Lifetime Planning to Reduce Risks

To reduce the likelihood of a successful claim or to remove certain assets from the reach of a claim entirely, lifetime planning may be advisable. By making arrangements while you are alive, you may be able to reduce the size of your estate and limit the assets available for redistribution after your death. 

Your planning should not start and end with a Will, and lifetime strategies can significantly reduce risks and give you greater control over where your assets end up. For example: 

• 1. Make Strategic Gifts During Your Lifetime 

By gifting assets to your chosen beneficiaries while you are still alive, you can reduce the size of your estate and therefore limit what could be contested after your death.  In the UK, certain gifts may also fall outside your estate for inheritance tax purposes if you survive seven years after making them. 

2. Use Lifetime Trusts 

Placing assets into a Trust during your lifetime can move them outside of your estate, meaning they are generally not subject to probate or the same level of challenge as directly owned assets. 

3. Review your Nominations 

Pensions, life insurance and death in service benefits often allow you to nominate beneficiaries directly, meaning the money passes outside of your estate. 

Lifetime Planning, when combined with a valid Will, can create multiple layers of protection, reduce tax liabilities and ensure your assets go to the people and causes that truly matter.  

How We Can Help

Planning your Will when you are estranged from a family member requires thoughtful legal advice, careful drafting and attention to detail. Our experienced team can help you: 

• Draft a Will that reflects your wishes while minimising legal risk; 
• Prepare supporting documents that explain and justify your decisions;
• Advise on the use of discretionary trusts or lifetime planning options; 
• Provide clear, confidential guidance tailored to your family situation; and 
• Support your executors in defending any future claim if needed.

For expert advice about making or updating your Will, contact us.