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Virginia Beach Estate Planning Lawyer / Blog / Disinheritance / Is Outright Disinheritance the Right Choice For An Estranged Child?

Is Outright Disinheritance the Right Choice For An Estranged Child?


Many people have significant changes in their relationship with their children that unfold in later years. The estate plan that you established when these children were born, or even when they went off to college, may no longer align with your individual wishes. You have the option to outright disinherit somebody if you truly do not want any child to receive anything from you.

You may specifically mention this person in your will and claim that you are disinheriting him or her, which reduces the possibility that this disinherited person would attempt to challenge your will, trying to recover assets or simply just challenging a will in order to delay the distribution of assets paid out to others.

Disinheriting a child, however, does come with a risk since the child may still contest the will in court, which could cost your estate money and time. Ensuring that your will is appropriately executed, removing any appearance of undue influence and writing a letter to the disinherited child about your decision making can all help reduce the possibility of a will contest in the future.

If you still wish to discuss all of your options with an experienced attorney, now is an appropriate time to meet with a lawyer to walk through your options. Your Virginia Beach, VA estate lawyer can tell you more about the tools to make your estate plan very clear for those you intend to pass assets to as well as those you wish to exclude from your estate.

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