Full question:
I have 2 adult children. I want to exclude one of them from any inheritance. Is it best to leave the excluded child unnamed in Article 1, or should I name that child in Article 1 then, in Article Six, state that he be excluded from inheriting any of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: California
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 asked 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.
