Much of the estate planning process is focused on figuring out the best way to distribute your assets so that your vision of the future can be fulfilled while supporting those people and causes you care about most. But over time, your estate planning priorities may change. And when they do, you might start thinking that disinheriting someone is the best way to protect a significant portion of your estate’s assets. Deciding to disinherit someone can be incredibly stressful, though. After all, the affected individual may try to contest your estate plan, which threatens to jeopardize your estate plan in its entirety.
The good news is that there are steps you can take to mitigate the risk associated with disinheriting someone. It requires attention to detail and careful planning, though, which is why now is the time to think through the best way to approach the matter rather than just jumping into your disinheritance scheme.
What steps should you consider taking to disinherit someone?
There are several strategies you can implement to successfully disinherit someone while protecting the integrity of your estate plan. Here are some of the options that are available to you and that you should carefully consider:
- Using a letter of instruction: Although this document doesn’t carry a ton of legal weight, it can give insight into the justifications relied upon when creating your estate plan. The letter of instruction can spell out why you chose to disinherit someone, which could give clear reasoning and help head-off arguments that the creation of your estate plan lacked testamentary capacity and therefore is legally invalid.
- Seeking a medical evaluation: Shortly before signing off on your estate plan, you may want to be examined by your doctor so that they can attest to your mental clarity. This, too, will help demonstrate that you possessed the requisite testamentary capacity at the time your estate plan was executed. This could significantly protect your estate if it’s challenged in probate court.
- Utilizing “no-contest” clauses: While this strategy doesn’t completely disinherit someone, it can be an effective way to leave them less than they expect while still preventing the risk of an estate plan challenge. Here, you put a clause in your will that says that if someone challenges the estate plan and is unsuccessful in doing so, then they’ll be denied any inheritance. This carrot and stick approach may be just enough to reach your estate planning goals without fear of your estate plan being undone.
- Giving lifetime gifts: Giving lifetime gifts can set the stage for a future disinheritance. The individual in question may be less likely to challenge the estate plan knowing that they at least received some support during your lifetime, and their acceptance of gifts may be an acknowledgement that you possess the mental capacity to properly decide how to dispose of your property. This approach, therefore, could get you the ultimate outcome that you want.
Create your estate plan with care
There are a lot of moving parts to an estate plan. That’s why it’s critical that you take the time needed to carefully think through your options and settle on those best suited to help you attain your goals. We know that navigating the process can be stressful, and confronting your own mortality can be difficult. But we often find that tackling the issue head on actually leaves people feeling relieved and accomplished. So, if you have questions about how to create the estate plan that you want and need, then consider discussing the matter with your estate planning attorney sooner rather than later.