Cutting someone out of your will is a big decision. It can certainly be done, though, and there are many situations in which people think it’s the best option. For instance, maybe one heir is independently wealthy and doesn’t need the inheritance, but it could help the other heirs. Or perhaps you’re just worried that you have an heir who would waste the money or who you’ve become estranged from.
If you do decide that you’d like to do this, you may want to use a disinheritance clause. Here are two reasons why these clauses are beneficial.
They lower the odds of a dispute
First and foremost, a disinheritance can lead to an estate dispute. This is especially true if it’s unclear why the person has been disinherited or that they even have. They could argue, for instance, that the will is fraudulent and that their inheritance must have been removed. They could also argue that the will is accurate but that you must have just forgotten to include them. Having a disinheritance clause means that they cannot make either of these claims.
They provide guidance
Moreover, you simply need to remember that your estate plan is supposed to guide your heirs. It tells them what you would like the plan to accomplish and how to do it. A disinheritance clause is an important piece of guidance because it shows what your wishes are, and this can make it easier for your estate administrator to know exactly what you wanted them to do and how to proceed.
If you do decide to disinherit someone, be sure you know exactly what legal steps to take.
