What happens if I leave someone out?
If you have not properly provided for any of your dependants who are unable to maintain themselves as a result, or if you have not been fair to your wife, husband or civil partner or an ex-wife or ex-husband who has not remarried, the Court can alter your Will.
Your reasons for not having provided for someone should be given in your Will or in a separate letter, which can be referred to in your Will. The Court will consider these reasons but will not be bound by them.
Commonly called an exclusion clause, the identity of the party to be excluded and if appropriate an explanation for the exclusion should be present in the will. At Assured & Legal we would suggest a basic exclusion clause and rather than put the detail in the will, to write an ‘exclusion letter’ signed and sealed to be opened only in the event of a claim being made by the excluded party. Why a separate document?
In general, a will is a private document unless and until a grant of probate is issued. Once a grant of probate has been issued, a will becomes a public document and anyone can apply to have a copy.
