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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: 的n 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
I am considereing eventually contesting a Trust on the basis of undue influence and would appreciate feedback.
My father completely disinherited my sister and I. He has been remarried for 28 years, is almost 86 years old and has a twenty seven year old son from his second marriage. He owns several large commercial shopping centers, has put them in multiple trusts and placed those trusts in the name of my half brother (those trusts where created in the late 1970/80s after his second marriage). He lives in Palm Beach Florida. The commercial property are in New Jersey, Virginia, Idaho and Florida.
My father has taken massive doses of sleeping pills and I suspect anti-depressants for decades. His personality has changed since he has been medicated. He recognizes the fact that he is addicted to sleeping pills, has tried to break the addiction and failed. His behavior is now reclusive and at times paranoid and irrational, but he is able to conduct conversations, play bridge and make certain business decisions.
Until four years ago I had weekly phone conversations with him and visited him in Palm Beach once a year. He has now rejected me completely, based on the fact that my sister requested financial assistance from him four years ago (this seems delusional since I had nothing to do with her request).
My stepmother has always been hostile and has subtley lobbied against the children from the first marriage since she met my father in 1975.
If I choose to contest the trusts, what is the likelyhood of inducing a settlement? The estate is very, very large (the building have nominal mortgages, they were purchased in the 1970s). I do not expect to be treated on an equall footing as my half brother, but I would hope to obtain something.
Posted by: Alan | Oct 21, 2008 8:03:40 PM
I was wondering if the above writer could give an update? Was your situation ever resolved? I am facing a similar one, so I would appreciate the chance to learn from your experience.
Posted by: mirandaleigh@earthlink.net | Nov 17, 2008 8:13:22 PM
