Cutting Someone Out of a Will and
the Inheritance (Provision for Family and Dependants) Act

When a will operates in a way which is unreasonable and thus fails to provide for a potential beneficiary who is thus unfairly excluded, a claim can be made by certain classes of dependant under the Inheritance (Provision for Family and Dependants) Act 1975 UK.

In order to succeed, a claim must demonstrate that provision from the estate is necessary and that the provision made in the will was not reasonable bearing in mind what provision ought to have been made and what provision could have been made out of the assets of the estate. It is important to note that expressions of intention may the person making the will may be taken into account when deciding whether reasonable provision has been made.

A spouse is entitled to reasonable financial provision whether or not the provision is necessary for his or her maintenance. All other claimants must demonstrate need.

If reasonable financial provision has not been made, the court can order a variety of remedies, including the transfer of property and payment of a lump sum.