UKCan I disinherit my spouse completely in my will?
No, you cannot completely disinherit your spouse in England and Wales — they can apply to court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
What the Law Says
The Inheritance (Provision for Family and Dependants) Act 1975 gives certain family members — including spouses — the right to ask the court for financial provision from an estate if the will (or intestacy rules) does not make reasonable provision for them.
Even if your will explicitly excludes your spouse, they can still make a claim against your estate after your death. The law recognises that marriage creates ongoing financial responsibilities.
The court decides whether the will or intestacy makes 'reasonable financial provision' for the applicant — not what they might expect or deserve, but what is objectively reasonable based on their needs, resources, and the size of the estate.
This right applies whether you are married or in a civil partnership. It does not apply to cohabiting partners unless they meet strict criteria (e.g., living together for at least two years before death).
Statutory TextA spouse of the deceased is entitled to apply for an order under this Act.
— Inheritance (Provision for Family and Dependants) Act 1975, s. 1 — Entitlement to apply
What to Do
Review your will with a solicitor specialising in wills and probate — explain your intentions and explore options like trusts or lifetime gifts.
Consider discussing your plans openly with your spouse to avoid conflict and potential claims later.
If you wish to limit provision, ensure your will includes a clear statement of reasons — while not legally binding, it may influence the court’s view.
Remember: your spouse has only 6 months from the date of the grant of representation to issue a claim — so timing matters for both planning and challenge.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.