You have decided to disinherit someone who was previously included in your estate plan. This could be an adult child or another direct descendant. Perhaps you believe they don’t need the money, or you’ve had disagreements over lifestyle choices or similar matters. Whatever the reason, you are legally allowed to disinherit someone if you so choose.
To do this, you might consider simply removing them from your estate plan. You could delete provisions that apply to them, reassign assets to other beneficiaries and file the updated documentation. But is that enough?
Making your intentions clear
The problem with merely omitting someone from your estate plan is that it increases the likelihood of a will contest. The disinherited individual may argue that you made a mistake, forgot about them or didn’t intend to exclude them. They could challenge the estate plan on these grounds.
To reduce the chances of a dispute, it’s essential to make your intentions clear. There are a few ways to do this:
- Use a disinheritance clause: The simplest way to make your intentions clear is to explicitly name the person in your estate plan and state that they are not to receive any inheritance. This is known as a disinheritance clause, and it leaves no room for interpretation.
- Leave a minimal inheritance: Another option is to leave the individual a nominal amount, such as $10. Doing so demonstrates that their exclusion was intentional and not an oversight. However, this step is unnecessary if you include a clear disinheritance clause as described above.
Disinheriting someone can increase the complexity of the probate process and raise the odds of an estate dispute. This is why it’s crucial to take the right legal steps and create a comprehensive and effective plan to protect your wishes and minimize conflicts.