There are several reasons why some people want to exclude their children from their will. It could be because they are estranged from the child or because they have already provided lifetime gifts to the child. Still, wanting to exclude your child from your will requires significant consideration as it has legal implications.

Disinheriting Minor Children

Even if you would like to exclude your child or children from your will, you are not allowed by law to disinherit minor children. Minors are legally protected from disinheritance. The law entitles these children to any financial support they would have received if they had lived with you until they became legal adults.

Disinheriting Adult Children

The law does not protect adult children as it does minor children. However, failing to name them in the will is not enough to ensure that they don’t receive part of your estate. Sometimes, the court assumes that the lack of a name in the will is unintentional, and they can be awarded an equal share as the other beneficiaries you name. If you would like to disinherit your adult child, you must provide the omission as direct information and ensure that the omission is intentional and not an oversight.

Other Factors to Consider

Inasmuch as you can exclude your adult children from your will, you must consider a few other factors, such as the following.

  • If your child has ongoing medical expenses or they have a disability, then it would be futile to deny them some inheritance. The court might consider their plight and allow them to receive a portion of your estate.
  • You should explain why you would like to exclude your child from your will, especially if you don’t have a good relationship with them. That explanation can prevent any legal disputes regarding the will.
  • There are always higher chances that your child will contest your final wishes legally, and it is best to have them prepared by a professional to reduce the chances of such disputes.

Take Action to Ensure Your Wishes Are Honored

The law does not deny you the right to exclude your child from your will. However, the law steps in to protect the rights of minor children, the disabled, or those who need help with medical expenses. Consult an experienced estate attorney in Southaven, MS, to ensure that you navigate these complex decisions. O’Brien Law Firm, LLC, is here to help. Reach out to us today for a consultation.

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