I acknowledge that I have a son named Brian who is not provided for in this will. It is my specific intention to not provide for Brian under the terms of my will. See A Practical Guide to Estate Planning and Administration By Michael Gau (2004) p. 37If your last will document has a "Miscellaneous" section, you can put the above language there or, as an alternative, in the same section where the other children are named as beneficiaries. Are there provisions in the law allowing a child to petition the probate court to be added back as a beneficiary of the estate despite the will language? Absent a claim of mental incapacity on the part of the testator at the time the will was executed, the only provision of the Uniform Probate Code that comes to mind is Section 2‑302. Omitted Children. However, Section 2-302 only applies to a situation where "a testator fails to provide in his [or her] will for any of his [or her] children born or adopted after the execution of the will ... ." The intentional omission of a child is, by definition, different than a pretermitted heir. Thus, Section 2-302 would not help a child intentionally disinherited.
Monday, July 21, 2008
Disinheriting A Child
You are a parent with several children and wish to disinherit one of the children. How exactly is this handled in the drafting of the last will? The bequests to family members generally fall into two categories: (a) specific bequests (i.e., "I leave my 1969 red Corvette to my brother John") and (b) residuary bequests (i.e., "I leave the rest, residue, and remainder of my estate to my children in equal shares, per stirpes"). Instead of naming, as a class, "my children" for any bequest in the will, you would identify by name each child who is a beneficiary and omit the name of the child you wish to disinherit. Finally, to show that the omission of this child from your will was intentional, it is customary to add a line similar to the following to your last will: