This is a complex question that does not have a simple yes or no answer. There are a few key factors to consider when deciding whether to exclude one of your children from your will.
The Legal Factor
In most states, you have the legal right to cut any child out of your will and leave your assets to whomever you choose. This is called “disinheriting” a child. However, disinherited children may be able to challenge the will if they believe you were unduly influenced by another person when creating the will or you were not mentally capable of making the decision.
Requirements for Disinheriting a Child
To disinherit a child legally, you must:
- Be of sound mind when making the will
- Make it clear in the will that you are intentionally disinheriting the child
- Not be coerced or unduly influenced by another person
You should also provide a reason for disinheriting the child in the will to avoid challenges later on. For example, “I am disinheriting my son John due to his long history of substance abuse issues.”
Challenging Disinheritance
If a disinherited child believes you did not have the mental capacity to exclude them from the will or were unfairly pressured by someone else, they can contest the will in court. To successfully challenge being cut out of a will, the child typically must provide evidence like:
- Medical records showing you had dementia or another condition that impacted your judgment
- Proof of coercion or undue influence by another beneficiary
- Evidence you expressed intent to include them in the will at some point
If the court finds the child was wrongly disinherited, the court may overturn that portion of the will and reinstate the child’s inheritance.
The Family Relationship Factor
Excluding one child from your will can damage relationships and create long-lasting rifts in a family. Before disinheriting a child, carefully consider how it will impact your relationship with that child, their siblings, and other family members. Some questions to ask yourself include:
- Is there a reasonable explanation for disinheriting this child that the family will understand?
- Will this cause conflict between my children after I’m gone?
- Will the child be provided for financially without the inheritance?
- Can I effectively communicate my reasons to the child now?
If disinheriting one child will clearly promote conflict or resentment, you may want to reconsider your decision or make efforts to explain yourself to the child in advance.
Impact on Family Dynamics
Here are some potential family dynamics that could arise if you disinherit a child:
- The disinherited child is hurt, angered, and cuts off contact with other family members
- Siblings feel uncomfortable accepting their inheritance knowing they received more
- Other children feel guilty or pity for their disinherited sibling
- The disinherited child contests the will, creating legal fees and family tension
- Your grandchildren lose out on an inheritance from you
Think carefully about if permanently damaging family relationships is worth disinheriting the child over. In some cases, communication, mediation, or family therapy before death may help avoid irreparable damage.
The Financial Factor
Before disinheriting a child, determine if that child has a financial need you should consider or if the loss of inheritance would financially devastate them. Ask yourself:
- Does this child have lower earning potential than my other children?
- Does the child have special needs I had planned to provide for?
- Will the child struggle with basic needs without the inheritance?
If the child is in a precarious financial position, you may want to reconsider fully disinheriting them. You can also minimize harm by setting aside a smaller amount to cover urgent needs like medical care or education.
Options Other Than Complete Disinheritance
Instead of completely cutting a child out of your will, you have options like:
- Leaving a small percentage like 10 or 20 percent of assets
- Setting up a trust that provides income for necessities
- Paying for college or medical expenses only
- Leaving them a sentimental non-monetary item only
This allows you to limit inheritance for personal reasons without completely abandoning the child financially.
Consulting an Attorney
Because disinheriting a child can lead to legal issues down the road, it is wise to consult a local estate planning attorney before finalizing your will if you are planning to exclude a child. An attorney can help by:
- Ensuring your will is ironclad to avoid challenges
- Adding provisions to minimize family conflict
- Creating alternatives like trusts for excluded children
- Talking through your reasons for disinheriting before deciding
Having sound legal advice reduces the chances of unintended consequences and gives you confidence in your decision.
Conclusion
Excluding a child from your will is a major decision that requires careful thought about legal, family, and financial implications. While you generally have the right to disinherit a child, doing so can permanently fracture family bonds and cause legal disputes down the road. Consider all your options thoroughly, communicate with family, and consult an attorney to decide if disinheritance is the best course given your unique circumstances.