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How can I disinherit someone?

On Behalf of | Jan 21, 2025 | Estate Planning

If you do not want someone to receive a portion of your estate after you pass away, such as a child or other family member, you may believe it is as simple as leaving them out of your bill. However, disinheriting a family member is not that simple.

There are many reasons you might want to disinherit a family member. Perhaps you do not trust them to manage an inheritance or asset properly. Personal problems could have resulted in an estranged relationship or you could just believe that other family members or loved ones need the assets more.

Why you must declare your intent to disinherit

When you write your will, you cannot simply leave your child or the disinherited family member’s name out. You must clearly state your intent to leave the individual out of your will.

Without this declarative statement, a court can assume that you mistakenly left the person out and award them a portion of the estate. The individual could also contest the will.

Your statement should be clear and concise, but it does not need to be lengthy or go into detail about why exactly you want to disinherit this person.

This is not necessary and could give the court a reason to scrutinize your reasons and determine they are no longer valid. For example, if you write that you want to disinherit your son because you do not like his wife, but his wife passes away before you do, the court could decide the reason is no longer valid.

Disinheriting a spouse

If it is your spouse you want to disinherit, you must place your assets into a trust. Executing a will that leaves your spouse out will not be enough since your spouse has the option of electing against your will.

The easiest way to disinherit someone could be to technically not disinherit them. Consider including a clause in your will leaving the person you wish to disinherit a small sum of money that they will receive only in exchange for not contesting the terms of your will.

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