When it comes to planning an estate, one of the most delicate decisions a person may face is whether to disinherit someone in their will. This decision is not to be taken lightly, as it can have significant implications for both the testator and their intended heirs.
Disinheriting someone from a will is a legal act that revokes a person’s right to inherit any assets or property from the testator’s estate. While it is a drastic measure, there are instances where it may be deemed necessary.
Lack of relationship or estrangement
One of the primary reasons for disinheriting someone is a strained or nonexistent relationship between the testator and the intended beneficiary. In cases where there has been a long-standing estrangement or rift between family members, the testator may feel justified in excluding the individual from their will. This could stem from:
- Unresolved conflicts
- Betrayals
- A lack of communication over an extended period
Disinheriting due to estrangement is often a last resort after failed attempts at reconciliation. It may signify the testator’s desire to permanently sever ties with the individual, both financially and emotionally.
Legal or moral obligations
Disinheriting someone from a will may also be driven by legal or moral obligations that conflict with the inclusion of the individual as a beneficiary. For example, if the individual has committed a serious crime or engaged in behavior deemed morally reprehensible by the testator, they may choose to revoke their inheritance rights.
Disinheriting someone in a will is a significant decision that should not be taken lightly. While it may be necessary under certain circumstances, it is essential for a testator to think through the implications and seek legal counsel to help ensure that their wishes are carried out effectively.
