It may sound very easy to leave someone out of your will. All you have to do is note that the assets are going to go to other beneficiaries and heirs.
However, it is not always this simple. The issue that you create if you simply do not mention the person is that they may challenge your will. They could claim, for instance, that you forgot about them and that it was an honest mistake. If you really want to disinherit them, here are two options you can consider.
Using a disinheritance clause
Perhaps the best way to do this is to use a disinheritance clause. This is a clause that goes into your will stating that you do not want that specific individual to get any of your financial or tangible assets. You name them directly, you state your intentions, and it is all recorded with the rest of your estate plan. There is no room for them to argue that they were forgotten or that you made a mistake. What you wanted is clear.
Leaving them a small inheritance
Another tactic that people sometimes use is to leave a small inheritance to the heir that they want to eliminate from the will. If you leave your son or daughter $5, for instance, that does prove that you didn’t forget about them. However, if you’re worried that this feels disrespectful or that there may be other ways they can challenge the will, it may be better to just use a disinheritance clause.
Creating your estate plan
If you are thinking about disinheriting someone, you’re going to have a more complex estate plan than the average person. Be sure you know exactly how to set this up to make sure that your wishes are followed.