How can you protect your estate from estranged relatives?

9 April 2026

Family relationships are rarely simple and estrangement is something many people experience.

When it comes to how your estate will be handled following your death and your family members’ rights, there are of course questions.

Our Head of Wills, Probate and Older Client Services, Rachel Blackburn, explains how you can protect your estate and record your wishes clearly.

How does estrangement affect your Will planning?

Under the Inheritance (Provision for Family and Dependants Act 1975), certain individuals, including adult children and former partners, can apply for reasonable financial provision, even if they have been estranged for many years.

In order to prevent this from potentially happening, you need to ensure your wishes are clearly recorded in a Will, as this can also reduce the risk of disputes over your estate once you have passed.

How can you record your wishes clearly?

If you do make the decision to exclude someone from your Will or limit what they receive, you need to go beyond stating this decision and clearly record your reasoning.

A letter of wishes is often part of this process and is a confidential document that allows you to explain the history of the estrangement and the nature of your relationship.

It can also include why you have made your decision and any financial support you may have provided during your lifetime.

This letter is not legally binding, but it can still be used as evidence if your Will is contested and gives executors and the courts an insight into your wishes.

If there is a particularly sensitive case, a formal written statement prepared with legal advice can provide support for your decision.

How can trusts manage the risks?

A discretionary trust is one option for when family relationships are complicated.

Instead of leaving fixed gifts, a trust allows you to name a group of potential beneficiaries and give trustees the authority to decide how and when assets are distributed.

This can offer a degree of protection, as no individual has an automatic entitlement, while still allowing your wishes to be considered.

However, trusts do not remove the possibility of a claim entirely, so they should be part of your estate planning.

Why do you need to plan in your lifetime?

Lifetime planning can be another effective way to reduce the risk of a successful claim against your estate and potentially limit the assets available for redistribution after you pass.

Preparing this in your lifetime may allow you to reduce the overall value of your estate and ensure more of your wealth passes to those you intend it to.

Lifetime planning can include making gifts to loved ones, setting up trusts outside of your estate, arranging life insurance policies written in trust so they pass directly to beneficiaries and restricting property ownership.

However, these strategies must be approached carefully as the courts have the power to look beyond these arrangements. They may still take certain lifetime transfers into account when assessing claims.

How can we support your estate planning?

Estate planning can feel complicated enough and when estranged relatives come into the picture, it can feel hard to know how to ensure your wishes are actually protected.

This is where we are here to help you create a Will that is clear and reduces the risk of challenges.

We can document your decisions with care, prepare supporting documents that explain your reasoning and advise on trusts and lifetime planning.

Estate planning can also give you that peace of mind that once you have passed, your affairs are in order and those you care about are protected.

If you need support managing your estate planning, contact our team today.