Disinheritance of a Child

In a prior post (Post 124), I stressed the point that the will is not only to dispose of one's assets but also is a legacy.

That is, in common law jurisdictions, one can disinherit a child. The question is should one disinherit a child and if so, how to make such provisions.

Under the civil law system, there is a concept known as "forced share," which means that a child has an interest in an estate as we have in a concept known as the elective share.

I advise my clients carefully that before they disinherit a child, they should be aware of the fact that it is a legacy and should be sure that they desire to do so. Notwithstanding, if a child is to be disinherited, the question is how to make such provisions.

In such case, I use language similar to: "I have made no provisions under this will for my child, for reasons best known to him". In a recent article in The New York Times, that was the language suggested.

Other language, which might be more inflammatory, opens one up to a will challenge and I believe that the best language is provided above. Merely leaving out the name of the child also could lead to litigation, and a reference to the child in the above manner seems advisable.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.

© December 2011, Post 176