Legal Definitions - disinherison

Disinherison refers to the deliberate act of preventing an individual who would typically be considered an heir from inheriting property, assets, or money from an estate. This action is usually formalized through a valid will or trust, where the deceased person explicitly states their intention to exclude a specific person or group of people from receiving a share of their estate.

• Example 1: Family Estrangement

  An elderly woman, Ms. Eleanor Vance, has two adult children, Robert and Susan. Robert has been estranged from Ms. Vance for over twenty years and has had no contact with her. In her will, Ms. Vance includes a specific clause stating, "I intentionally make no provision for my son, Robert Vance, and he is to receive none of my estate."

  This explicit exclusion of Robert constitutes disinherison because, as her child, he would normally be a natural heir. Ms. Vance's will clearly and legally prevents him from inheriting any part of her assets.

• Example 2: Protecting Assets from Mismanagement

  Mr. Thomas Chen, a successful entrepreneur, has a niece, Emily, who struggles with severe financial mismanagement and has accumulated significant debt over the years. Concerned that any inheritance would be quickly squandered or seized by creditors, Mr. Chen drafts his will to state, "Due to her ongoing financial difficulties, I direct that my niece, Emily Chen, shall not inherit any portion of my estate."

  This act ensures that Emily, who might otherwise have a claim as a close relative, is legally prevented from receiving an inheritance, thereby demonstrating disinherison and protecting the assets from potential misuse.

• Example 3: Charitable Bequest

  Ms. Clara Jenkins, a retired librarian with no immediate family, has always been a strong supporter of literacy programs. She has several distant cousins who would be her legal heirs if she died without a will. However, Ms. Jenkins executes a will that leaves her entire estate to the "Books for All Foundation," specifying that "All my assets, real and personal, are to be bequeathed to the Books for All Foundation for the promotion of literacy."

  By doing so, she effectively disinherits any distant relatives who might otherwise be considered her legal heirs under intestacy laws, as her will explicitly directs her assets to the chosen charity instead.