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Disinheritance

What Is Disinheritance?

Disinheritance refers to the act of deliberately excluding someone from receiving an inheritance from a will or estate plan that they would otherwise have been entitled to under the laws of intestacy or a prior version of the will.

It is a legal mechanism used to prevent a particular beneficiary from receiving assets upon the death of the testator (the person who has made the will).

Disinheritance Explained

Disinheritance occurs when a will or estate plan is structured specifically to exclude an individual or individuals who would typically be considered natural heirs. This could include children, spouses, or close relatives who, under normal circumstances, might expect to inherit a portion of the testator's estate.

The reasons for disinheritance vary and can range from personal disputes to a desire to support different beneficiaries more significantly.

To effectively disinherit someone, the testator must typically make their intentions clear within the will or estate planning documents. Merely omitting a potential heir from these documents may not be sufficient to ensure disinheritance, as the laws in many jurisdictions are designed to protect close relatives from being unintentionally overlooked.

Specific legal language may be necessary to demonstrate that the exclusion was intentional.

The Term Disinheritance in Different Legal Contexts

In most legal systems, certain protections are in place to prevent complete disinheritance of dependents or spouses, who might have a legal right to claim a portion of the estate despite the testator's wishes.

For example, some jurisdictions have "forced heirship" laws that require a portion of an estate to be left to children or spouses, effectively limiting the testator's ability to disinherit them completely.

Common Misconceptions About the Meaning of Disinheritance

One common misconception is that disinheritance can be achieved simply by not mentioning an heir in the will. In reality, to effectively disinherit an individual, the will or estate plan should explicitly state this intention. This is to prevent any ambiguity about the testator's wishes and to protect against claims that the omission was a mistake.

Another misunderstanding is that once someone is disinherited, they automatically have no legal rights or means to contest the will.

While disinheritance significantly reduces an individual's chances of receiving an inheritance, in many jurisdictions, disinherited individuals may still have legal grounds to contest a will, especially if they can demonstrate that the testator was under undue influence or not of sound mind, or if there were procedural issues with how the will was created.

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What Is Disinheritance?

Disinheritance Explained

The Term Disinheritance in Different Legal Contexts

Common Misconceptions About the Meaning of Disinheritance

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