If you decide to disinherit someone, it means you are removing them from your estate plan. In some cases, this person may be a direct relative, such as an adult child who would ordinarily inherit assets unless your estate plan specifically says that they should not. In other cases, it may be a beneficiary that you initially added to your estate plan, only to revise it and take them out.
The first thing you should know about disinheriting people is that you are legally allowed to do this. Beneficiaries may be unhappy with it or think that it is unfair. But regardless of their personal opinion, it is legal to disinherit someone. You are under no obligation to leave your assets to anyone other than whom you choose, even if they are family members.
How should you do it?
The main thing to keep in mind when disinheriting someone is that your estate plan should be clear. Conflicts or even will challenges sometimes arise when it is unclear what you may have wanted. For example, if you simply do not mention someone in your estate plan, they may claim that you forgot about them or that you meant to include them and only accidentally overlooked them.
One of the best ways to make your plan clear is to include a disinheritance clause. You do not need to leave the person any inheritance at all, but you should still name them in your will or your estate plan. By naming them and including a short clause demonstrating that they should not receive anything, you can prevent a lot of probate challenges and conflicts between family members and other beneficiaries.
If you do want to disinherit someone, it is important to consider the legal options you have well in advance, and you must know what steps to take when drafting your estate plan.