Disinheriting: How Little is Too Little?

This week I met with a new client who was seeking advice about the best way to disinherit her brother (he had looted my client's mother's estate upon her death last year).  The client wanted to leave $1 to her brother, since she had been told that this would prevent her brother from contesting the Will.

This isn't actually the case, and a $1 bequest is generally a bad idea.  In order to close an estate, the attorney for the executor or administrator has to produce signed receipts from every beneficiary.  It goes without saying that a beneficiary who inherits $1 is less than thrilled to sign such a receipt, and usually refuses.

The "best" way to disinherit someone is to (a) simply do it and (b) make your reasons for doing it clear to your attorney and/or in your Will. 

Comments

[das]

But you need to be careful not to commit the tort of libel by will.

[Daniel]

I've generally avoided listing reasons for the disinheritance, as this gives the individual something to attack. Language that was suggested to me, which accomplishes the same purposes, simply reads: "For reasons best known to me, I have intentionally failed to provide for NAME under the terms of this instrument."

[julie]

Interesting website.

I'm working on a similar issue with a client now. He doesn't want to completely disinherit someone--just cut them out of a share of one particular business asset. He wants to substitute other assets of equal value, but his attorney is concerned that doing so will invite a conflict over the valuation of the business. Would such a clause help to avoid conflict in this case?