If you are making an estate plan, you are fully within your rights to disinherit someone. You could remove a beneficiary from your will, revoking the assets they otherwise would have inherited. If you have a direct descendant who would automatically inherit in the absence of an estate plan, you can also disinherit them so that they do not get anything.
One mistake that people sometimes make when doing this, however, is just removing the person they want to disinherit from the estate plan. As long as the plan does not allocate any assets to that individual, they think that the problem is solved.
Potential disputes
The problem with doing this is that it opens the door to potential disputes between beneficiaries. The person who was removed from the plan may say that it was an oversight, a paperwork error or a simple cognitive/memory issue. Maybe you just forgot to include them, but they are sure that you meant to. This can lead to will challenges and estate disputes between beneficiaries, which may take a long time to solve.
So how do you avoid it? Just make your intentions clear. Add a disinheritance clause that names the specific individual and states that you do not want them to receive any of your assets. With this one short clause, you demonstrate that you have not forgotten or overlooked anything, but that this is what you actually wanted. That alone can be enough to stave off many disputes between beneficiaries.
Writing an estate plan can be complex, especially when considering disinheriting someone. Take the time to consider your legal options carefully.
