First off, let’s explain that the rules vary depending on which part of the UK you live in. England, Wales and Northern Ireland have what’s called testamentary freedom. Scotland follows legal rights and forced heirship.

England, Wales and Northern Ireland: Testamentary Freedom

In England and Wales, testamentary freedom applies. This means that you have the right to leave your assets to anyone. Distant family members, friends, charities, people who you don’t even know. You can also leave out or exclude people. There is an exception to this, which we’ll discuss later.

Scotland: Legal Rights and Forced Heirship

Scotland however has a system of legal rights and forced heirship. These restrict absolute testamentary freedom (the freedom to choose who to leave assets to). Instead, specific close relatives: spouses, children, grandchildren, have a legal right to inherit a portion of the deceased’s estate. The amount varies depending on their relationship to the deceased.

How do other countries regulate wills?

Many countries including most European countries enforce varying degrees of forced heirship. France has one of the strictest regimes, for example. Other countries that follow forced heirship include Spain, Italy, Japan, China, Brazil and Argentina.

Testamentary freedom is not absolute in England and Wales

The freedom to leave what you want to who you want is not absolute. It can be challenged under certain circumstances.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain family members or financially dependent individuals can contest your will if it fails to leave them “reasonable financial provision”.

Spouses, civil partners, children (no matter what age), and anyone you were maintaining financially before your death, are eligible to make a claim.

In summary

You can make a will, leaving your assets to whoever you want, unless there are people who rely on you financially. They could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Contested wills are on the increase, so it is wise to consider the Act before writing your will.

Should you have assets abroad, you should take additional advice. Depending on what type of assets you have, will dictate how you wish to manage them and bestow them to your beneficiaries. Furthermore, recent laws have complicated these matters: the EU Succession Regulation (known as Brussels IV) allows you to state in your will that you want the law of your nationality to govern your estate. But subsequent laws in France, for example, tried to block this and protect children from being disinherited from French assets. Careful wording of a will across jurisdictions should ensure your will is clear and follows different countries’ rules.

If you need further information, please contact Jenny Barron on 01756 692866 or email jenny.barron@awbclaw.co.uk.

Solicitor and Director, Society of Trust and Estate Practitioners.

Further reading:

The Explainer: what is a deed of variation and when can it be used?

What is the National Will Register? And should you use it?

5 Frequently Asked Questions: Making your Will

Inheritance tax planning – 7 key strategies to avoid tax

Change a will after a death – GOV.UK

15 June 2026