If you have ever thought about disinheriting a child, then you know that it is a very difficult decision to make. Even if you are thinking about it because the child is extremely wealthy and your other children are not, it is still one of the most difficult decisions that a parent will ever have to make. It is a decision that can tear families apart if it is not handled correctly.
Unfortunately, many people do go about it the wrong way and their decision to disinherit a child invites litigation over the parent’s Will. The problem is that people who write their own Wills, or use some form downloaded from the Internet, disinherit a child in the wrong way. They simply do not mention the child in the Will and assume that means that the child will not receive an inheritance.
However, courts have a different assumption. Courts assume that when a parent fails to mention a child in a Will, the parent simply made a mistake. The court assumes that the parent meant to include the child in the Will and forgot. The child will be entitled to a portion of the parent’s estate and that leads to litigation.
There is a right way to disinherit a child. It is not that complicated, but it needs to be done. The child, and the fact of disinheritance, need to be mentioned in the Will. Any other questions you might have about this difficult decision can be answered by an experienced estate planning attorney.