Legal Definitions - deherison

The term deherison refers to the act of intentionally preventing someone who would normally be an heir from inheriting property or assets. It is essentially another word for disinheritance.

When a person creates a will, they typically name beneficiaries who will receive their estate. However, they also have the legal right to explicitly exclude certain individuals, even close family members, who would otherwise be expected to inherit under intestacy laws (laws that dictate who inherits when there is no valid will). This deliberate exclusion is what deherison accomplishes.

Here are some examples to illustrate deherison:

• Example 1: Estranged Family Member

  Mr. Henderson has two children, Sarah and Mark. He has been estranged from Mark for many years and wishes for Mark to receive none of his estate. In his will, Mr. Henderson includes a specific clause stating, "I intentionally make no provision for my son, Mark Henderson, and he is to receive none of my property, real or personal." This explicit exclusion of Mark from inheriting is an act of deherison.

• Example 2: Providing for Others Instead

  Ms. Chen has a niece, Emily, who she loves dearly but believes is financially irresponsible. Ms. Chen decides to leave her entire estate to a charitable foundation dedicated to animal welfare, rather than to Emily, who would otherwise be a natural heir. Her will clearly states that all assets are to go to the foundation, and it makes no mention of Emily as a beneficiary. By choosing to direct her assets elsewhere and not include Emily, Ms. Chen has effectively deherisoned her niece from her estate.

• Example 3: Prior Financial Support

  Dr. Lee has financially supported his adult son, David, extensively throughout David's life, including paying for his education and helping him purchase a home. Dr. Lee also has a daughter, Maria, who has received less direct financial assistance. When drafting his will, Dr. Lee decides to leave the majority of his estate to Maria, with only a nominal amount for David, explicitly stating that David has already received substantial support during his lifetime. While not completely excluded, the deliberate act of significantly reducing David's inheritance below what might be expected for an only son, and favoring Maria, demonstrates a form of deherison regarding the bulk of the estate.