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Estrangement

Also known as: Family Estrangement, Disinheritance

Definition

Estrangement is a breakdown in family relationships where contact and communication stop or become minimal, which can affect but doesn't eliminate inheritance rights under UK law.

Understanding estrangement matters because the law treats it differently than most people expect—being estranged from a family member doesn't automatically prevent them from inheriting or making claims against your estate.

What Does Estrangement Mean?

Estrangement occurs when family members experience physical and emotional distancing, resulting in a state where seeing or communicating either stops completely or happens only rarely. In inheritance law, estrangement refers to a breakdown in relationships—typically between parents and children, but also between siblings, spouses, or extended family—that may influence but does not determine inheritance rights. The reasons vary widely: disagreements, abuse, lifestyle conflicts, mental health issues, or remarriage complications. Under the Inheritance (Provision for Family and Dependants) Act 1975, estranged family members retain certain legal rights regardless of relationship quality.

How estrangement works in practice depends entirely on whether you have a will. If you die without a will (intestate), your estranged child inherits exactly the same as any close child under the Rules of Intestacy—the law makes no distinction based on relationship quality. For example, David and his daughter Emma haven't spoken in 15 years following a bitter argument. When David dies without a will, Emma inherits half of his £380,000 estate under intestacy rules, despite their complete estrangement. If you make a will excluding estranged relatives, they can challenge it under the Inheritance Act 1975 if they demonstrate financial need. Courts consider estrangement as one factor among many, including financial circumstances, reasons for the breakdown, attempts at reconciliation, and overall fairness.

The landmark case Ilott v Mitson (2017) illustrates this balance. A daughter estranged from her mother for 26 years was excluded from a £486,000 estate left to charities. The Court of Appeal initially awarded her £143,000, but the Supreme Court reduced this to £50,000, recognizing both the mother's testamentary wishes and the daughter's genuine financial hardship. This demonstrates that estrangement matters to courts, but financial need often matters more. Courts examine who initiated the estrangement and why—someone who cut off an abusive parent has a stronger position than someone who simply stopped visiting. Claims must be made within six months of the grant of probate.

The emotional reality of estrangement is valid, but courts focus on financial fairness rather than emotional fairness. While you can exclude estranged relatives from your will, strengthening your position requires clear documentation. Include a Letter of Wishes explaining the estrangement and your reasoning, assess whether the excluded person has genuine financial need (which increases challenge risk), and review your will regularly since estrangement can end through reconciliation. Scotland operates under different rules—legal rights allow children to claim a portion of moveable estate regardless of the will's provisions.

Common Questions

"Can I exclude an estranged child from my will in the UK?"

Yes, you can exclude an estranged child from your will under England and Wales' testamentary freedom principles. However, they may still challenge your will under the Inheritance (Provision for Family and Dependants) Act 1975 if they can demonstrate financial need or that you failed to make reasonable financial provision for them.

"Will my estranged child inherit if I die without a will?"

Yes, if you die without a will (intestate), your estranged child will inherit the same as any other child under the Rules of Intestacy. The intestacy rules do not distinguish between children based on the quality of their relationship with you—estranged and close children have equal rights.

"Can estrangement prevent someone from successfully claiming against my estate?"

No, estrangement alone cannot prevent a claim under the Inheritance Act 1975. Courts consider estrangement as one factor among many, including financial need, reasons for the breakdown, attempts at reconciliation, and the overall fairness of provision. The landmark case Ilott v Mitson (2017) shows even long-estranged children can receive awards based on financial hardship.

Common Misconceptions

Myth: "If I'm estranged from my child, they can't inherit anything from my estate."

Reality: If you die without a will, your estranged child inherits exactly the same as any close child under the Rules of Intestacy. Even if you make a will excluding them, they can challenge it under the Inheritance Act 1975 and potentially receive an award if they have genuine financial need. People confuse emotional distance with legal rights—a child's legal status doesn't change regardless of the relationship's state.

Myth: "Estrangement is a valid legal reason to disinherit someone, so the court will uphold my wishes."

Reality: While estrangement is a factor courts consider, it's not sufficient alone to defeat a claim. Courts balance your wishes against the claimant's financial needs and circumstances. In Ilott v Mitson (2017), the Supreme Court reduced an award but still granted £50,000 despite the mother's clear wish to exclude her daughter, because the daughter had genuine financial hardship. Testamentary freedom exists but is limited when family members have genuine maintenance needs.

  • Disinheritance: The legal action of excluding someone from your will, often undertaken because of estrangement from that family member.
  • Family Provision Claim: The mechanism estranged family members use to challenge a will under the Inheritance Act 1975 when excluded.
  • Testamentary Freedom: The principle that allows you to exclude estranged relatives from your will, though limited by the Inheritance Act 1975.

Need Help with Your Will?

Dealing with estrangement in estate planning is emotionally complex and legally significant. Making a valid will that properly addresses estranged relationships can prevent unintended inheritance and minimize the risk of successful challenges.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.