MacNairs + Wilson

2 minutes reading time (314 words)

Cutting someone out of your will

Writing a will is not always just about who you want to leave your estate to, but also who you wish to cut out. Being clear in your will about who is entitled to what assets will reduce the chances that your wishes will be disputed.

Recent years have seen an increase in will disputes, with recent analysis reporting that the number of contested wills appearing in court went from 116 to 158 in one year. Therefore, to ensure your estate is divided up as you wish after you die, writing a clear will is crucial.

Disinheriting someone from your will

When disinheriting a child, it is recommended to make your reasoning as to why you are disinheriting them very clear. When writing a will with a specialist solicitor, the lawyer can keep a detailed attendance note of each meeting and any discussions had. The attendance note will document the reason for a child being disinherited and will be held for up to six years.

Writing your will on your own – without any influence from family members - will reassure your solicitor that your decisions are being made independently. However, for people with a history of mental health problems or those taking medication that could potentially affect brain function, it is essential that a doctor assess them and witnesses the signing.

In an effort to deter having your will disputed by your child, or if you simply do not wish to leave out a child entirely, you can leave a token or gift instead of money.

If you already have a will, it is vital that you update it as and when circumstances change in your life. 

Contact Macnairs & Wilson today

For first-class and proactive legal advice about writing or updating your will, do not delay and get in contact with one of our expert wills lawyers today via the online enquiry form.

21% rise in affordable homes in Scotland
People aged 55 to 64 are most likely to receive an...

Make an enquiry


Your Name(*)
Please let us know your name.

Email Address(*)
Please let us know your email address.

Phone number(*)
Please write a subject for your message.

Which Macnairs + Wilson branch?(*)
Which Branch?

Please let us know your message.

Invalid Input

Call us

Paisley: 0141 887 5181

Glasgow: 0141 551 8185