Disinheriting a Child

What if I don’t want one of my children to get any part of my estate?

There may be many reasons you are considering disinheriting a child after you pass. The two of you may not have a good relationship, or maybe you feel that child is better off than the rest of your children. Therefore, you think the child does not need any part of your Estate. Whatever the reason, you can disinherit a child in your Last Will & Testament. If you want to disinherit one of your children, you must have a Will drawn up, or the child will not be disinherited.

Your Will must clarify that you want to disinherit this child so that it does not seem like a mistake was made and you just accidentally “left them out of the Will.” Not mentioning the child in your Will is not a good idea. Doing this may lead the Court to think a mistake was made or that this Will was drawn up before the child was born. Moreover, the Court may determine the child should be entitled to some part of your Estate. It is crucial to state your intention clearly in your Will.

However, you do not have to state why you want to disinherit your child. Some people find it helpful to leave a letter (separate from their Will) stating why the child is being disinherited. If you do this, make sure your letter does not contradict anything you have written in your Will.

If you have any further questions about disinheriting a child, contact Amanda Crowell. She can be reached at Kane & Crowell Family Law Center at www.kane-law.com or (615) 784-4800. Let us put our experience to work for you.