What Is The Best Way To Disinherit Someone?

On Behalf of | Jun 2, 2023 | Estate Planning

There are many reasons you may decide to leave someone who would usually inherit out of your will. Perhaps one has wronged you, or maybe you just think they have enough money already.

How you go about it can reduce the chance you leave problems in your wake. Here is why:

Nasty Surprises Can Create Problems For Others

Let’s say it’s the middle of three children you wish to omit. If you just cut them out of the will without telling them while you still can, they may cause problems for your other two kids after you’ve gone. They might even launch litigation, claiming that their siblings must have unduly influenced you to leave them out. Even if their will contest fails, they will have delayed the distribution of your estate to the others.

Be Clear About Your Intentions

If you opt to disinherit someone, make sure it’s clear that you made that choice, rather than just forgetting to include them. If all you do is omit their name from the will, they may think it was an oversight. By comparison, if you write that you are leaving them nothing, it is much harder for anyone to doubt your intentions.

Consider Informing Them Of Your Decision

You are best placed to explain your choices. As you can never be sure how long you will live, consider having the conversation soon. You can always change your mind in the future if you wish. Or perhaps they will tell you something that makes you change your mind now. 

As with all estate planning issues, it’s often worth getting legal help to learn the best ways to do things.