Can you disinherit somebody in your will?
It is possible. But just remember it is a lot like dancing with a porcupine – you have to be very careful.
First, it is important that you explicitly name the person and clearly state your intention for them to be disinherited.
Next, it is generally preferred that you use language such as “For reasons known to me, I make no provision for this person”. Otherwise, if you give a reason, and later on the circumstances change, it may be possible for the person to challenge your reason and overcome the disinheritance.
Finally, if you are disinheriting someone because they are disabled, and you want to preserve their government benefits, you may want to consider a trust. The use of a special needs trust will allow the person to receive additional financial support without affecting their government benefits.
Because this is a very technical area of the law, you may want to contact a lawyer if you have any additional questions or concerns.
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