So long as your child is not a minor, they can be disinherited in a will. Before you take this drastic step, you should consider it very carefully, as there could be a potential for bitter litigation.
A will is a legally binding document. So long as you meet the legal requirements to make a will (have legal and testamentary capacity), you can do what you want to change the document. You can remove people from your will who are already in it, but you would need to do it using specific language that specifically disinherits them. You would need to execute an amendment to your will. You could not simply just cross the person out to disinherit them.
Always consult with a lawyer before you decide to remove a child from your will. Your attorney would advise you of the proper procedures to follow and how to do it legally. When your child finds out that they have been disinherited, they are likely to be hurt and angry. They have the ability to make things very difficult for your family in the probate process if they decide to contest the will. Therefore, you should work now to make your will as defensible as possible when the time comes.
A court would award a child an equal share unless you specifically state that they are not in your will. Therefore, you should be careful with the words that you choose to avoid inflaming an already difficult situation. At the same time, you must make your wishes clear.
Contact a Lincolnshire Estate Planning Attorney Today
The attorneys at Charles Newland & Associates can help you with difficult situations that require legal expertise and dexterity. To learn how we can help you, call us today at 847.797.9300 or send us a message online.
