The Risks of Cutting Someone Out of a Will: How Disinheritance Can Lead to Costly Legal Disputes
Disinheriting a family member from a will is a sensitive and often contentious decision that can backfire, leading to protracted and expensive court battles. In such circumstances we recommend mediation. We have helped to resolve many disputes in this way. A recent case involving beautician Jenna Howe and her late father, pirate radio engineer Roger Howe, highlights the emotional and financial consequences of such actions. Jenna, 37, successfully challenged her exclusion from her father’s £1.4 million estate, securing a £125,000 payout. This was less than she was asking for but still a sizeable sum. One of the parties reportedly spent £150,000 in legal fees on the case. Clearly it would have saved a lot of money to have mediated if the case could have been settled that way.
The Consequences of Disinheritance
When drafting his 2017 will, Roger Howe chose to exclude Jenna, citing her alleged laziness, past drug addiction, and strained relationship with his parents. While he directed his estate to his mother, sister, and nephews, Jenna received nothing. Roger reportedly felt “jubilation” over his decision, believing she did not deserve a share of his wealth.
However, this decision ultimately sparked a costly legal battle. Jenna argued in court that her father’s treatment of her during her childhood, including emotional neglect and belittlement, left her traumatized and financially vulnerable. Judge Mark Raeside agreed that she required “reasonable provision” from the estate, awarding her £125,000 to cover maintenance, debt repayment, and even cosmetic surgery for body dysmorphia, which stemmed from her troubled upbringing. One of the points raised was that Jenna claimed her father had been responsible for some of her problems so it was only fair for her to receive a share of her father’s estate.
Legal Risks of Disinheritance
This case underscores the potential risks of disinheriting family members, particularly in jurisdictions where the law allows dependents or children to contest wills. Key risks include:
1. Increased Legal Costs: Contesting a will often leads to expensive court proceedings, significantly reducing the overall value of the estate. Legal fees for both sides can mount quickly, sometimes exceeding the disputed amount.
2. Emotional Toll: Will disputes often deepen family divisions, leading to long-term emotional scars and further straining relationships among surviving relatives.
3. Court-Ordered Redistribution: Judges have wide discretion to override a will if they determine that the disinherited individual was unfairly excluded or not adequately provided for. This can undermine the testator’s intentions.
4. Negative Publicity: High-profile disputes can attract unwanted media attention, exposing sensitive family dynamics and potentially harming reputations.
Steps to Minimize Legal Challenges
While it is a testator’s right to distribute their estate as they see fit, there are steps they can take to reduce the risk of legal disputes:
1. Seek Legal Advice: Engage a qualified solicitor when drafting or updating a will to ensure compliance with inheritance laws and minimize the likelihood of successful challenges.
2. Provide Justification: Clearly document the reasons for disinheritance. This can demonstrate to a court that the decision was carefully considered, though it may not fully prevent a claim.
3. Consider a Letter of Wishes: A letter accompanying the will can explain the reasoning behind specific decisions, helping courts understand the testator’s intentions.
4. Explore Alternatives: Instead of complete disinheritance, consider leaving a nominal inheritance or a conditional trust. This may discourage challenges by making the will less likely to be overturned.
5. Communicate Openly: Discussing inheritance plans with family members can help manage expectations and prevent misunderstandings after death.
Lessons from the Jenna Howe Case
The ruling in Jenna’s favor highlights the courts’ willingness to intervene when disinherited individuals are deemed to have legitimate needs. Despite her father’s clear intent to exclude her, the court prioritised her financial vulnerability and mental health.
For those considering disinheritance, the case is a cautionary tale: a well-intentioned will can lead to unintended legal battles, emotional fallout, and diminished estates. Careful planning, open communication, and professional guidance are essential to minimising these risks and ensuring that one’s final wishes are respected.
In the unfortunate event that you become involved in a dispute over a will we recommend mediation.