Can a parent disinherit a child?
In England and Wales, a parent generally has the legal right to leave their estate to whomever they choose. This includes the right to disinherit a child entirely or to leave one child a larger share than another.
For many people, that comes as a surprise. In some countries, children are automatically entitled to inherit part of a parent’s estate regardless of what the Will says. The law in England and Wales works differently. Here, the principle of “testamentary freedom” allows individuals broad control over how their assets are distributed after death.
However, that freedom is not absolute. A child who has been excluded from a Will may still be able to bring a legal claim against the estate in certain circumstances.
In this article, I explain when a parent can legally disinherit a child, when a child may be able to challenge a Will, and how the courts approach these disputes under English and Welsh law.
If you are interested in estate planning more generally, my guide to writing a valid Will explains the legal requirements for creating a legally binding Will.
For a more general overview of the law around challenging a Will, see my guide: Contentious Probate Explained.
What does it mean to disinherit a child?
Disinheriting a child simply means excluding them from benefiting under a Will or leaving them substantially less than another beneficiary. Sometimes this happens because of a serious family breakdown. In other situations, the decision may be practical rather than emotional. A parent may already have financially supported one child during their lifetime, or they may wish to leave more to a child who later acts as a carer.
It is also fairly common for parents to divide their estate unequally between children. English law does not require estates to be shared equally, even where there are multiple children.
From a legal perspective, the key point is that a parent does not need to justify their decision in order for a Will to be valid. A Will can still be perfectly lawful even if it appears unfair to some family members.
Can a child contest a Will if they have been disinherited?
Yes. A child who has been left out of a Will may be able to challenge the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
The Act allows certain categories of people to apply to the court for “reasonable financial provision” from an estate if the Will — or the intestacy rules where there is no Will — fails to make adequate provision for them. Those eligible to bring a claim include:
- children of the deceased, including adult children and adopted children;
- people treated as a child of the family, such as some stepchildren;
- spouses and civil partners;
- former spouses or former civil partners who have not remarried;
- cohabiting partners who lived with the deceased for at least two years immediately before death; and
- individuals who were being financially maintained by the deceased immediately before death.
Does a child’s age matter when making a claim?
No. One of the most common misconceptions is that only minor children can bring a claim against a parent’s estate. But under English law, adult children can also make claims under the 1975 Act. That said, being an adult does not automatically mean a claim will succeed, and the court will closely examine the individual’s financial circumstances, needs, earning capacity, health, and relationship with the deceased.
The Supreme Court decision in Ilott v The Blue Cross confirmed that independent adult children can, in some circumstances, succeed in claims for reasonable financial provision. However, the courts generally approach these claims cautiously, particularly where the claimant is financially self-sufficient.
There is also a fairly common misconception that legitimacy matters. It does not. A biological child can still bring a claim even if the parent did not acknowledge them during their lifetime. In disputed cases, parentage can be established through evidence such as court-ordered DNA testing.
What is “reasonable financial provision”?
This is often the most misunderstood part of inheritance disputes.
For children and most other applicants, the law does not guarantee a share of the estate. Instead, the court considers whether the claimant has received reasonable financial provision for their maintenance.
In practical terms, “maintenance” usually refers to everyday financial needs such as housing, living expenses, healthcare, and income needs. It does not necessarily mean a child is entitled to an equal share of the estate simply because they are related to the deceased. When assessing a claim, the court will consider factors including:
- the claimant’s financial resources and earning capacity;
- their present and future financial needs;
- the size and nature of the estate;
- any physical or mental disabilities;
- the relationship between the claimant and the deceased; and
- any obligations or responsibilities the deceased had towards the claimant.
Because every family situation is different, these cases are highly fact-specific. Two apparently similar disputes can produce very different outcomes depending on the evidence available.
What is the deadline for bringing an inheritance claim?
Timing is critical. An Inheritance Act claim must usually be issued within six months of the Grant of Probate (or Letters of Administration) being issued. While the court does have limited discretion to allow late claims, this is relatively uncommon and should never be relied upon. Anyone considering a claim should seek specialist legal advice as early as possible.
Can a child challenge the validity of the Will itself?
Yes. This is legally distinct from an Inheritance Act claim. Whereas an Inheritance Act claim accepts that the Will is valid but argues that it fails to make reasonable financial provision, a validity challenge argues that the Will itself should not be legally recognised.
If a Will is declared invalid, the estate may pass under an earlier valid Will or under the intestacy rules.
The main legal grounds for contesting a Will are set out below.
| Ground for challenge | What must be proven |
| Lack of mental capacity | The person making the Will did not understand the nature and effect of the Will when it was signed. |
| Lack of knowledge and approval | The deceased did not properly understand or approve the contents of the Will. |
| Undue influence | The Will was produced through coercion or improper pressure rather than the deceased’s genuine wishes. |
| Forgery or fraud | The Will or signature is fake, or the document was created dishonestly. |
| Clerical error or drafting mistake | The Will failed to reflect the deceased’s intentions because of an error in drafting or administration. |
Mental capacity disputes are assessed using the principles established in Banks v Goodfellow, which remains the leading authority in this area. Guidance on assessing mental capacity can also be found via the official NHS overview of mental capacity law: NHS guidance on mental capacity.
Can a parent reduce the risk of a claim?
While no Will can completely prevent someone from bringing a claim, careful estate planning can reduce the likelihood of successful litigation. Solicitors often advise clients who intend to disinherit a child to prepare a detailed letter of wishes explaining the reasoning behind the decision. Although not legally binding, such letters can sometimes help the court understand the deceased’s intentions. Ensuring the Will is professionally drafted, properly executed, and supported by clear medical evidence, especially where capacity could later be questioned, can also significantly reduce the scope for disputes.
Key takeaways
A parent in England and Wales can legally disinherit a child, and the courts generally respect an individual’s freedom to decide who should inherit their estate. However, that freedom is balanced against protections designed to prevent financial hardship. A disinherited child may still be able to bring a claim for reasonable financial provision, particularly where they are financially vulnerable or dependent. Inheritance disputes are often emotionally difficult as well as legally complex. Understanding the distinction between challenging a Will’s fairness and challenging its validity is essential for anyone trying to navigate this area of law.
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
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