Legal News | 6.07.26

Can You Disinherit Your Children? What the Law Says About Inheritance Claims

Recent headlines about Simon Cowell have sparked discussion about a question we are often asked: Can you leave your estate to charity instead of your children, and if you do, can your children challenge that decision?

Cowell has reportedly said that he intends to leave his wealth to charitable causes rather than to his son, explaining that he will fund his son’s education but leave little beyond that.

In England and Wales, we enjoy what’s known as testamentary freedom, meaning we can generally choose who inherits our estate when we die. However, that freedom is not absolute. In some circumstances, the law allows certain individuals to bring a claim if they believe they have not been reasonably provided for.

Can you leave your estate to whoever you want?

The short answer is “yes”. When making a Will, you are generally free to decide who should benefit from your estate and in what proportions. That may include family members, friends, charities or any combination of beneficiaries. However, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask the court to intervene if they have not received what the law considers to be reasonable financial provision. Importantly, these claims can be made even where a Will is valid and clearly reflects the deceased’s wishes.

Who can make a claim under the 1975 Act?

The Act allows claims by:

• a spouse or civil partner
• a former spouse or civil partner (in some circumstances)
• a cohabiting partner
• a child of the deceased (including adult children)
• someone treated as a child of the family
• anyone financially dependent on the deceased

What does the court look at?

When considering a claim, the court will assess whether the Will (or intestacy) makes reasonable financial provision.

Relevant factors include, but are not limited to:

• the claimant’s financial needs and resources
• the size and nature of the estate
• the claimant’s relationship with the deceased
• any obligations or responsibilities the deceased had
• the reasons for leaving someone out
• any competing claims, including charitable beneficiaries

Each case is highly fact-specific.

So could Simon Cowell’s son bring a claim if he is left out of the Will when Simon dies?

Potentially, yes. Adult children are entitled to bring claims under the 1975 Act, even where the decision to exclude them from a Will has been deliberate and clearly expressed. If Simon Cowell were to leave the majority of his estate to charity, a court would consider all the circumstances before deciding whether reasonable provision had been made for his son. That does not mean a claim would automatically succeed. The court would carefully examine factors such as financial need, the size of the estate, the nature of the relationship and the reasons for the decisions made.

Can these disputes be avoided?

Often yes, with the right advice. Risk reduction steps may include:

• careful lifetime planning
• clear explanation of decisions within a Will
• consideration of alternative provision during lifetime
• early advice to test the robustness of exclusion decisions

No step can completely prevent a claim, but good planning can significantly reduce risk and uncertainty.

How we can help

At Wansbroughs, we advise beneficiaries, executors and advisers on:

• potential Inheritance (Provision for Family and Dependants) Act 1975 claims
• defending claims brought against estates
• early strategic advice to avoid escalation
• negotiated settlements and mediation

If you are concerned about a Will that excludes a child, partner or dependant or if you are an executor facing a potential claim, a short conversation early on can make all the difference. At Wansbroughs, we provide clear, practical advice to help you make informed decisions.

Disclaimer: Any information written in this article is for general informational purposes only and is not intended to provide legal advice. For legal assistance, please get in touch with us at contentiousprobate@wansbroughs.com.