Full question:
I have 3 children, but want to leave one child only $100 and the other two children the balance of my estate in equal shares.I want to stipulate if the child that gets the $100 contests the will, she will get nothing.To be legally valid, what wording should I use to convey that intention in my will (form TX-WIL-01400)?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Texas
Answer:
You have the right under law to not leave anything to a child, unless you have agreed in some manner (like a written contract) to leave them something. It is best to specifically say in the will that the omission is intentional and to specifically identify the child by name stating that you wish to leave him/her nothing or a nominal sum like a dollar to prevent a future claim that the omission was a mistake.
It is possible for an heir to claim the will was invalid due to lack of mental competency of the deceased spouse, undue influence, or that the agreement was not executed in accordance with state law. A non-contestability clause is a will provision, under which anyone who challenges the will will be disinherited. In some cases, a signing of a will is videotaped and questions are aasked of the testator to prove competency at the time of signing.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
