You’re thinking about disinheriting someone. At the same time, you know that this makes it more likely that they’re going to challenge your will. They’re not going to be happy when they find out that you didn’t leave them anything, and they may enter a dispute by claiming that you didn’t mean to write the will that way, that you forgot about them, that the other heirs manipulated you or used undue influence or something of this nature.
To avoid all these complications, you start wondering if there’s another option. And there may be, depending on why you want to disinherit them.
Would a trust be better?
If the reason that you want to disinherit them is something personal between the two of you, such as a falling out, then you simply have to decide what is going to be in line with your wishes. Disinheriting them may be the only way that you can accomplish your goals.
But if you want to disinherit them simply because you don’t think they are responsible enough with their money or you’re unsure how they’re going to use the assets, you may have a lot of other options to consider. You don’t necessarily want to cut this person out of your will, but just to make sure that they don’t waste the money you have saved up. You may find that it is more effective to create a trust that either gives a trustee discretion to make decisions or that earmarks the money for a certain purpose, such as paying for college tuition.
Making a complicated estate plan can take time, but it’s helpful to carefully consider all of the legal options at your disposal.