Can You Disinherit Your Spouse?

Summary

Everyone has the freedom to decide who inherits assets in their will. This is called testamentary freedom. Therefore, you have the right to include someone in your will or cut them out of it, including your spouse. That being said, certain individuals can make a legal claim on an estate if they are financially dependent on the deceased and feel they have not been provided for in their will. Therefore, when you’re making or updating a will, it’s important to understand and consider the potential consequences of cutting out close family members. There are lots of different reasons for disheriting a spouse, most of which are deeply personal and unique to the testator's situation. One of the most common reasons for disheriting a spouse is estrangement or separation. This is when you no longer have a signification relationship with your spouse, but you stay legally married. In these situations, depending on the testator’s situation, they may wish for their children to inherit their estate over their spouse. Similarly, if a person is divorced and gets married again, they may want to prioritise their children from a previous marriage or relationship over their current spouse.

Key information

• •The financial needs and resources of the claimant (both present and future
• •The financial situations of other claimants and beneficiaries
• •The obligations and responsibilities the deceased had towards the claimant
• •The size and nature of the estate
• •The claimant’s age and duration of their relationship with the deceased
• •Physical or mental disabilities of the claimant or beneficiaries
• •The behaviour and actions of the claimant or beneficiaries before and after the deceased’s death.
• •Contributions made by the claimant to the deceased’s welfare.
• •Setting up a trust that preserves assets for other beneficiaries like children from a previous marriage.
• •Leaving specific assets to your spouse that meet their needs.
• •Getting a prenuptial or postnuptial agreement that outlines what your spouse will receive in the event of your death.
• •Gifting assets like property during your lifetime.

Practical guidance

• •Source: [Can You Disinherit Your Spouse?](https://lawhive.co.uk/knowledge-hub/wills-trust-probate/can-you-disinherit-your-spouse)

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