When a person creates their will, they usually take time to consider what they want to leave to whom. Sometimes, once the person dies, the people who are left behind can get upset upon discovering the decisions laid out in the deceased’s will. So much so that they might try to challenge it.
For example, bad feelings can arise if someone disinherits a person who would otherwise be entitled to receive something if there were no will in place. For example, a parent disinheriting their child. Here is what you can do to avoid problems if you wish to disinherit someone formally as part of your estate planning process.
Make it clear that you’re choosing to leave them out
If you do not include a person’s name in your will, they and others may think you just forget them. For example, if you have three children, and mention the first two but make no mention of the third, people may assume you forgot to add them in. Adding a note into your will that makes it clear you are intentionally deciding not to leave a particular person anything is crucial. By stating your intention, it eliminates the risk that someone will be able to claim that you just forgot them.
Explain your decision
There are two ways to explain your decision. Firstly, you can tell people while you are still alive. Alternatively, you could write a note in your will explaining your reasons for distributing your property in the ways that you’ve chosen. Perhaps the best option is to do both.
If you want to disinherit someone, you’ll want to be sure you have all the paperwork and procedures correct to avoid leaving an opportunity for someone to challenge your wishes. Seeking legal guidance can help you achieve this aim. If you have any questions about this or any other estate planning or administration matter, contact Alan Genitempo, Esq. of our firm at [email protected].
