Q&As

Is it possible for a testator to validly exclude a child from benefiting under a Will on the grounds of their sexual orientation (although the child could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in certain circumstances), or from a trust?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/11/2019

The following Wills & Probate Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is it possible for a testator to validly exclude a child from benefiting under a Will on the grounds of their sexual orientation (although the child could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in certain circumstances), or from a trust?

The general principle in England and Wales is that a testator may leave their assets to whomsoever they please—known as freedom of testation. This contrasts with the system in many other countries where inheritance is mandated to certain categories of persons, or the rules that arise upon an intestacy under the Administration of Estates Act 1925. Likewise with regard to private trusts, the principle that the settlor is entitled to settle upon whomsoever they choose (subject to various limitations for example as to certainty), also applies.

To ameliorate this, the Inheritance (

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