Legal Definitions - disinheritance

Disinheritance refers to the deliberate act of preventing a specific person or group of people from inheriting property or assets after someone's death. This is typically achieved through a legally valid will, where the deceased individual (known as the testator) explicitly states that certain individuals, who might otherwise have a claim to inherit, are to receive nothing or only a limited portion of the estate. It is a conscious decision to exclude someone from benefiting from one's estate.

• Example 1: An Estranged Child

  An elderly woman, Eleanor, has two children, Robert and Susan. Robert has been estranged from Eleanor for many years, has not communicated with her, and has even caused her significant financial and emotional distress. In her will, Eleanor includes a specific clause stating, "I intentionally make no provision for my son, Robert, and he is to receive none of my estate, real or personal."

  How this illustrates disinheritance: Robert would typically be considered a natural heir to his mother's estate. However, Eleanor's will clearly and explicitly prevents him from inheriting any of her property, demonstrating a direct act of disinheritance.

• Example 2: Leaving an Entire Estate to Charity

  Mr. Henderson, a wealthy individual with no immediate family, decides to leave his entire multi-million dollar estate to a medical research foundation. He has several distant cousins who, in the absence of a will, might have inherited portions of his estate under state intestacy laws (laws governing inheritance when there is no will).

  How this illustrates disinheritance: By directing all his assets to the charity, Mr. Henderson's will effectively disinherits all his potential family heirs. Even though he doesn't name them individually, his comprehensive bequest to the foundation ensures that no family members receive any part of his estate.

• Example 3: Excluding a Former Spouse

  After a contentious divorce, Ms. Chen wants to ensure her former husband, Mark, receives absolutely nothing from her estate upon her death, even though their divorce settlement addressed property division. She is concerned about any potential legal ambiguities or claims he might try to make.

  How this illustrates disinheritance: Ms. Chen's will contains a specific clause stating, "I expressly disinherit my former spouse, Mark Johnson, and he is to receive no portion of my estate, real or personal, under any circumstances." This explicit statement serves to prevent Mark from inheriting, removing any doubt about her intentions.