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 legal right to exclude a child from your inheritance, unless there’s a prior agreement to leave them something. It’s advisable to clearly state in your will that the exclusion is intentional. Specifically naming the child and stating that you wish to leave them nothing, or a nominal amount like one dollar, can help prevent claims that the omission was accidental. An heir may challenge the will based on claims of lack of mental competency, undue influence, or improper execution according to state law. Consider including a non-contestability clause, which disinherits anyone who contests the will. In some cases, recording the signing of the will can help establish your competency at that time.
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.