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Disinheriting a beneficiary: When and why it happens

On Behalf of | Sep 23, 2024 | Estate Planning |

Disinheriting someone is a sensitive topic that people might find uncomfortable to discuss. However, understanding the reasons and methods for disinheriting a beneficiary could be crucial in estate planning. Understanding when and why this happens is essential.

Why disinherit someone?

Disinheriting a beneficiary is a serious decision. There may be reasons why you might consider removing someone from your will, including:

Estrangement

If you have lost contact with a family member or have a strained relationship, you may choose to disinherit them.

Potential financial irresponsibility

You might worry that a beneficiary might squander their inheritance due to poor money management skills. They may also have addiction issues. If so, disinheriting them might be an option.

Protecting vulnerable beneficiaries

Disinheriting a potential heir with special needs might be ideal. This could protect their eligibility for government benefits.

How do you disinherit a beneficiary?

If you decide to disinherit someone, it is crucial to do it correctly to avoid legal challenges. Below are steps you may consider:

  • Update your will. You may want to clearly state your intention to disinherit the individual in your will. Be specific about who you are disinheriting and why.
  • Consider a trust. Creating a trust could give you more control over the distribution of your assets. This could also be harder to contest than a will.
  • Communicate your decision. While not legally required, explaining your reasons to the disinherited person could help prevent misunderstandings and potential legal battles.

Disinheriting a beneficiary could be challenging. Consider seeking legal advice. An experienced attorney could guide you through your options and protect your interests.

Understanding the reasons disinheritance might happen and the proper steps to take allows you to make informed decisions about your estate planning.