E204 How to Make Sure You Don’t Leave Anything to ...

<p>Many of our Solo Ager clients want to make sure they don’t leave anything to a relative who is distant, estranged, or they just dislike. Here are a couple of common misconceptions - and the best solution.</p> <h2>Can’t I just omit them from the Will?</h2> <p><img class="aligncenter size-medium wp-image-9503" src= "https://anthonyspark.com/wp-content/uploads/2021/01/Cant-I-just-omit-them-from-the-will-300x167.jpeg" alt="Can’t I just omit them from the will?" width="300" height= "167" /></p> <p>The assumption is, “If I omit them from my Will, they have zero involvement, right?”</p> <p>Unfortunately, that is not how the process works. They will still receive notice from the court regarding the Will. When you probate a will in court, you’re <a href= "https://anthonyspark.com/e190-when-does-the-executor-tell-the-beneficiaries/"> required to notify all the family members who would have inherited under the default inheritance law</a> (what the inheritance plan would have been if there was no Will).</p> <p>For example, you are unmarried with no children, and you have several nieces and nephews who are not involved in your life. Those nieces and nephews are the ones who would inherit if you didn’t have a Will, and they will receive a court notice even if you omit them from your Will.</p> <p>That court notice is basically an invitation to come to court and contest the Will. Those nieces and nephews may not have legitimate grounds to contest, but may drain the estate’s funds fighting the legal battle, stress out your intended heirs, etc.</p> <h2>Can’t I specifically disinherit them in my Will?</h2> <p><img class="aligncenter size-full wp-image-9504" src= "https://anthonyspark.com/wp-content/uploads/2021/01/Cant-I-specifically-disinherit-them-in-my-will.jpg" alt="Can’t I specifically disinherit them in my will?" width="225" height="225" /></p> <p>Yes, this is called an “<a href= "https://en.wikipedia.org/wiki/In_terrorem" target="_blank" rel= "noopener">In terrorem</a>” clause, but there are two problems with this approac