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May 10, 2006
Disinheritance Techniques
In Departing Shot: How to Disinherit Neatly, Wall St. J., May 6, 2006, at B4, Kaja Whitehouse explains techniques a person may use if he/she wishes to disinherit an heir. The methods Ms. Whitehouse suggests include:
- State reasons for disinheritance. [Note: In my opinion, it is possible for this technique to backfire. The explanation may upset some heirs, especially if they disagree with the facts or reasons given, and thus spur them to contest the will. Likewise, the explanation may provide the heirs with material to bolster claims of lack of capacity or undue influence.
- Record will execution ceremony.
- Include in terrorem (no contest) clause.
- Document testamentary capacity.
- Avoid appearance of undue influence.
May 10, 2006 in Articles, Estate Planning - Generally, Wills | Permalink
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» Follow-up #2: Disinheritance from Death and Taxes - The Blog
I've discussed disinheritance techniques in the past, most recently here. Professor Beyer has a link (here) to a recent Wall Street Journal article on how to disinherit neatly. One of the suggestions of the article's author is to record the [Read More]
Tracked on May 24, 2006 3:15:43 AM
» "Disinheritance Techniques" from Stark County Law Library Blog
Gerry W. Beyerposted: “In Departing Shot: How to Disinherit Neatly, Wall St. J., May 6, 2006, at B4, Kaja Whitehouse [Read More]
Tracked on May 24, 2006 9:42:53 AM
Comments
I would add to that list (without reading the actual article) to include the person you want to disinherit in the will, but give a nominal gift of $25 or $50. This way the testator is shown to have contemplated the individual but has constructively disinherted them. Of course, if the testator really, really doesn't like the potential heir, then even $5 is too much.
Posted by: RichardZ.com | May 24, 2006 8:41:48 AM
