Exhaeres is a legal term that describes a person who has been intentionally excluded from inheriting property or assets from an ancestor. This disinheritance occurs when an ancestor, such as a parent or grandparent, chooses not to leave any part of their estate to that individual upon their death. Disinheritance can arise from various reasons, including family disputes or the desire to pass on assets to other heirs.
The term exhaeres is primarily used in the context of inheritance law, which falls under civil law. It is relevant in estate planning and probate proceedings, where the distribution of a deceased person's assets is determined. Understanding exhaeres is crucial for individuals involved in estate disputes or those creating wills, as it outlines the rights of disinherited individuals and the intentions of the testator (the person who has made a will).
Users can manage some aspects of inheritance planning themselves by utilizing legal templates from US Legal Forms, which provide guidance on drafting wills and other estate planning documents.
Here are a couple of examples of abatement:
Example 1: A father decides to leave his estate entirely to his other children and explicitly states in his will that his eldest son is to receive nothing due to a long-standing family disagreement. This son is considered exhaeres.
Example 2: A grandmother creates a trust that benefits her grandchildren but specifically excludes her only daughter from receiving any portion of the trust. In this case, the daughter is exhaeres. (hypothetical example)
| State | Key Differences |
|---|---|
| California | California allows for a will to explicitly disinherit a child, but the child may still have rights to a portion of the estate under certain circumstances. |
| New York | In New York, a disinherited child may challenge the will if they can prove that the disinheritance was not the true intent of the deceased. |
| Texas | Texas law requires a clear expression of intent to disinherit in the will for the disinheritance to be valid. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Disinheritance | The act of intentionally excluding someone from inheriting. | Exhaeres specifically refers to the individual who is disinherited. |
| Heir | A person legally entitled to inherit property. | An exhaeres is not considered an heir due to disinheritance. |
| Beneficiary | A person designated to receive benefits from a will or trust. | An exhaeres is excluded from being a beneficiary in the context of the disinheritance. |
If you find yourself in a situation where you are disinherited, consider the following steps:
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Yes, individuals may contest a will if they believe the disinheritance was not the true intent of the ancestor.