What is Disinheritance?
Accidental Disinheritance
Update your Last Will after the following life events:
- Marriage
- Divorce
- Birth of a child
- Adoption
- Death of a spouse
- Death of executor or beneficiary
- Significant increase/decrease in assets
- Starting a business
- Change of residence
- Health changes (illness, surgery, etc.)
Who You Can and Cannot Disinherit
For example:
If you specify that your entire inheritance go to your child and not your spouse, the Will may be challenged in court, and find that your spouse is entitled to a certain share of your estate according to specific state laws.
If you do wish to try and limit your spouse from receiving portions of your estate, make your disinheritance intentions as clear as possible in your Will, as this may or may not factor into the court’s decision.
Reasons for Disinheritance
Common Reasons for Disinheritance:
- Lack of relationship or contact with heir
- Testator believes the heir has enough financial income and there is no need for inheritance
- The heir has not supported or cared for them in the past
- Parent has already provided past financial support (to child)
- Testator does not believe that the heir is financially responsible
- Testator does not support the heir’s lifestyle or behavior
- Testator did not update their Will
Consequences of Disinheritance
A Testator's Intentions
Grounds for Contesting a Will
- Disinheritance appears to have been accidental
- The Will wasn’t updated after marriage, death, or the birth of a child
- A testator left out a spouse who is entitled to a share of their assets
- The Will wasn’t executed properly or signed according to state laws (e.g. no witnesses to attest to proper execution)
- The testator wasn’t of sound mind when signing
- The testator was unduly influenced by a beneficiary or other party
- The Will was believed to be executed under fraudulent circumstances