When clients tell you they want to "cut someone out of the Will", it's rarely as straightforward as it sounds.

Perhaps there has been a family breakdown. Maybe one child has already received substantial financial assistance during the client's lifetime. Or perhaps the client is concerned that an inheritance could be squandered, become vulnerable during divorce proceedings, or simply end up in the wrong hands.

For estate planners, financial advisers and mortgage advisers, these conversations often present both a challenge and an opportunity.

The challenge is ensuring the client's wishes are properly protected while reducing the risk of future disputes.

The opportunity is recognising when specialist estate planning advice is needed and introducing solutions that many clients simply don't know exist.

At BTWC, we regularly support advisers in identifying these situations and helping clients implement appropriate estate planning strategies through carefully drafted Wills, trusts and supporting documentation.

Can You Exclude Someone from a Will?

In England and Wales, individuals generally have testamentary freedom, meaning they can decide who should inherit their estate.

However, that freedom is not unlimited.

Certain individuals may be able to bring a claim against an estate under the Inheritance (Provision for Family and Dependants) Act 1975, including:

• spouses and civil partners
• former spouses in certain circumstances
• children
• stepchildren
• cohabitees
• anyone who was financially dependent upon the deceased

This means simply removing someone's name from a Will does not necessarily prevent them from making a successful claim after death.

A properly considered estate planning strategy is therefore essential.

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Why Clients Want to Exclude Someone

Every family is different, but common reasons include:

• long-term family estrangement
• previous lifetime gifts
• unequal financial needs between children
• concerns about addiction or gambling
• protecting vulnerable beneficiaries
• second marriages and blended families
• preserving family businesses
• concerns about divorce
• financial irresponsibility
• relationship breakdowns

These situations require careful planning rather than emotional decision-making. The objective is not simply to exclude someone, but to ensure the client's wishes are carried out while minimising the likelihood of costly litigation.

Option One: An Exclusion Clause

The most common approach is to include an exclusion clause within the Will.

Rather than simply omitting an individual, the Will expressly confirms that the omission is intentional and so can’t be interpreted as an administrative oversight later on.

A professionally drafted exclusion clause can help demonstrate that:

• the client understood their estate
• they considered the individual concerned
• the decision was deliberate
• the omission was not a drafting mistake or oversight

Whilst this cannot prevent someone bringing a claim, it can provide valuable evidence should the Will later be challenged.

Why a Letter of Explanation is Just as Important

One of the most overlooked aspects of estate planning is the importance of preparing a carefully drafted letter explaining why someone has been excluded.

Often referred to as a Letter of Wishes or Letter of Explanation or a witness statement, this document remains separate from the Will itself but can prove invaluable if executors later need to defend the estate.

A well-prepared letter might explain:

• previous financial assistance already received
• family circumstances
• long-standing estrangement
• concerns over financial behaviour
• why other beneficiaries have greater need
• the client's reasoning and objectives

Importantly, these letters should be factual rather than emotional.

The purpose is not to criticise the excluded individual but to demonstrate that the client reached an informed and rational decision after careful consideration. Combined with comprehensive attendance notes, evidence of testamentary capacity where appropriate and detailed file records, this creates a much stronger evidential position if the estate is challenged.

Option Two: Forfeiture (No Contest) Clauses

Sometimes clients do not actually wish to disinherit someone completely. Instead, they want to discourage challenges to the Will.

In these situations, a forfeiture clause (sometimes known as a no contest clause or in terrorem clause) may be appropriate. Typically, these clauses provide that if a beneficiary unsuccessfully challenges the Will, they lose the inheritance they were due to receive.This creates a significant financial disincentive to speculative litigation. However, advisers should understand that these clauses have limitations and a forfeiture clause cannot prevent court proceedings. Instead, these clauses work best when forming part of a wider estate planning strategy rather than being relied upon in isolation.

Option Three: Discretionary Trusts

In many cases, clients believe they want to exclude someone when what they actually want is greater flexibility. Family circumstances change. Relationships improve. Financial needs evolve. Children divorce. Grandchildren arrive.

A discretionary trust allows trustees to respond to these changing circumstances after the client's death. Instead of beneficiaries receiving an automatic entitlement, trustees retain discretion over:

• who should benefit
• when payments are made
• how much is distributed
• whether assets should remain protected within the trust

This can provide valuable protection where there are concerns regarding:

• vulnerable beneficiaries
• addiction
• bankruptcy
• divorce
• financial immaturity
• blended families
• preserving family wealth across generations

For many clients, discretionary trusts provide a more sophisticated solution than outright exclusion.

Estate Planning is About More Than the Will

One of the biggest misconceptions amongst clients is that a Will is the only estate planning document that matters. Professional advisers know that successful estate planning is much wider.

It may involve:

• trusts
• lifetime gifting strategies
• pension death benefit nominations
• business succession planning
• ownership structures
• letters of wishes
• lasting powers of attorney
• inheritance tax planning
• asset protection strategies

The stronger the overall estate plan, the greater the likelihood that the client's wishes will ultimately be respected.

Recognising the Opportunity: What Advisers Should Listen For

Many financial advisers and mortgage advisers hear these comments before anyone else:

"One of my children isn't getting anything."

"I've already helped my eldest buy a house."

"My son would just waste the money."

"I'm worried my daughter-in-law will inherit through divorce."

"I'm not speaking to my brother anymore."

"I don't want anyone contesting my Will."

These comments often indicate a much broader estate planning issue. They are valuable opportunities to begin a conversation by asking the right questions and introducing specialist support.

How BTWC Helps Advisers Deliver Better Client Outcomes

Many advisers recognise estate planning opportunities but understandably feel uncomfortable discussing the legal complexities surrounding Wills, trusts and inheritance disputes. That is exactly where BTWC adds value.

We work alongside financial advisers, mortgage advisers and professional introducers by providing the technical knowledge, training and support needed to recognise estate planning needs confidently and compliantly.

Our support includes:

• Technical training on Wills and trusts
• CPD sessions covering inheritance tax and estate planning
• Guidance on recognising client needs
• Educational resources for adviser firms
• Ongoing technical support from experienced specialists
• Access to appropriate client solutions without advisers needing to provide legal advice themselves

Rather than expecting advisers to become legal experts, we help them understand the warning signs and know when specialist estate planning advice is appropriate.

A Simple Referral Process That Benefits Everyone

Some advisers choose to become more actively involved in estate planning following our training. Others simply identify opportunities and introduce their clients to our specialist team. Either approach ensures clients receive expert advice while allowing advisers to strengthen existing client relationships and broaden the overall service they provide.

Estate planning conversations frequently lead to wider discussions around inheritance tax planning, business protection, later-life lending, life assurance and intergenerational wealth planning, creating valuable opportunities to deepen client engagement.

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Why Early Estate Planning Matters

Too often, clients only discover the limitations of a poorly drafted Will after a loved one has died. By then, disputes can become expensive, stressful and emotionally draining for everyone involved. Early advice allows clients to make informed decisions using the most appropriate combination of:

• professionally drafted Wills
• exclusion clauses
• explanatory letters
• discretionary trusts
• forfeiture clauses
• inheritance tax planning
• wider estate planning strategies

Every family is unique, and there is no one-size-fits-all solution. The role of professional advisers is not simply to prepare documents, but to understand the client's objectives and recommend the planning tools most likely to achieve them.

Partner with BTWC

At BTWC, we believe that estate planning should be collaborative. By working closely with financial advisers, mortgage advisers and other professional introducers, we help ensure clients receive technically robust advice tailored to their individual circumstances.

Whether you are looking to expand your estate planning knowledge through our adviser training programmes, need technical support on a complex client case, or simply want a trusted specialist to whom you can refer clients with confidence, our team is here to help.

If you'd like to learn more about our adviser training, technical support or referral opportunities, we'd be delighted to discuss how BTWC can help you deliver even greater value to your clients.