To disinherit someone with your estate plan, it is best to take direct steps to do so. Parents are sometimes tempted just to leave a child out of the will, for example, evenly distributing all of their assets to that child’s siblings. They believe this is enough to show that one child should not receive anything.
But the problem with doing this is that it can sometimes lead to estate disputes. That child may claim that the will was forged or altered to remove them. They may claim that undue influence was involved on the part of the other siblings. Or they may simply say that they believe they were accidentally left out of the estate plan and that their parent intended to leave them an inheritance.
How can you make your intentions clear?
The easiest way to make your intentions clear is simply to directly name the person you want to disinherit in your estate plan. You can then indicate that you do not want them to receive anything from your estate.
This does not have to be a complex portion of the estate plan, and you are not required to provide your reasoning or explain your decision. But by naming them directly, there is less room for disagreement after you pass away.
Another potential option is to leave them a minimal inheritance. Some people will leave an adult child just a single dollar, for example. This does make your intentions clear and shows that the person was not forgotten. However, a minimal inheritance is not necessary, as you can simply state that they should receive nothing.
Disinheriting someone is a major decision during estate planning. Be sure you know what legal options you have and what steps you will need to take.
