Californians may decide for a variety of reasons that they want to disinherit a relative in their will. Because of specific California laws, disinheriting someone can be tricky and may even lead to a dispute in court.
California’s Legal Presumption for Close Relatives
The law in California includes a presumption that people intend to provide for their spouses and children in their wills. In other words, if you simply leave your spouse or a child out of the will without mentioning any inheritance, the courts may require one anyway. The omitted spouse or child can take the will to probate court, and the judge may decide that you inadvertently omitted them. Then a share of your estate would go to the omitted relative.
It is very difficult to get around the legal presumption in spouses’ and children’s favor. Even if you include language specifically disinheriting them in the will, a court may still disregard it – especially if the children are under age 18. A court is more likely to honor an explicit clause disinheriting an adult child, but you should carefully consider the wording to avoid offending your child and sparking a legal battle. If you want to disinherit a close relative in your will, consult a lawyer about the best approach.
Disinheriting Other Relatives
Your parents and other more distant relatives have no legal entitlement to receive anything from your estate (unless you have no spouse, no children, and no will). Without a will, your parents and other relatives could inherit, if your spouse and children do not survive you or you do not have a spouse and children.
If you truly do not wish to leave anything to your parents or other relatives, you can explicitly disinherit them in the will. Again, the wording of the clause in the will can be crucial to avoiding a dispute later in probate court. Your lawyer also may suggest including wording that says you have provided for everyone that you wished in your will and omission of anyone is intentional. You might also consider giving relatives small token gifts rather than disinheriting them altogether.
No Contest Clauses
Finally, California permits you to include a no contest clause in your will. This language typically says that anyone who contests your will in court is automatically disinherited. A no contest clause can be useful to protect your estate plan.
Planning your estate? Look to Janet Brewer, Esq. for thorough and thoughtful estate planning advice. Janet’s more than 20 years of legal experience will give you confidence and peace of mind. To schedule a “Get Acquainted” meeting, visit Janet's website or call her office at (650) 469-8206.
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