An exclusion clause in a will is a provision where the person making the will (the testator) makes it clear that a specific heir or relative is not to inherit from their estate.
Here’s how it works:
- Under Spanish law, children and sometimes parents are forced heirs with an automatic right to part of the estate. Normally, you cannot exclude them.
By using the Brussels IV clause, a British national can elect for UK succession law to apply instead. This gives much more freedom to decide who inherits.
With that freedom, a testator may include an exclusion clause to ensure a particular child, relative, or other potential heir is deliberately left out.
Why it matters: An exclusion clause removes doubt. It shows that the omission of an heir was intentional, not an oversight. This is especially useful where relationships are strained, or where one child has already been provided for during the parent’s lifetime.
