It can be a difficult decision to disinherit someone. But there are situations where you may think it’s necessary. Maybe you are worried about how the beneficiary would use their money or maybe the two of you have become estranged.
You may think that the easiest way to cut them out of your estate plan is simply to delete the portions of the plan that pertain to them. If you cut them out and don’t mention them at all, they clearly inherit nothing. Isn’t that enough to accomplish your goal?
The odds of a dispute
The problem with doing this is that it can cause an estate dispute. For instance, the beneficiary may say that you made a mistake when you updated your estate plan and that you didn’t mean to leave them out at all. It was an error or an oversight. They could also claim that someone else fraudulently changed the plan or used undue influence.
To get around this, it can be helpful to make your intentions a bit more clear. One option is to leave the person a small inheritance. If you leave them $10, you are basically leaving them nothing, but it proves that it was done intentionally.
An easier way to accomplish the same goal, though, is often just to use a disinheritance clause. You name the person directly and state that you do not want them to inherit anything from your estate. You can give provide a reason or you can keep those reasons to yourself.
Drafting your plan
These are just a few things to consider when making an estate plan. There are many different tools you can use, so be sure you understand exactly what legal steps to take.
