When it comes to estate planning, one of the more sensitive and difficult decisions may be disinheriting a family member. At Slowik Estate Planning, covering Georgia and New York, we understand that family dynamics can be complex, and there are many reasons why someone might want to exclude a relative from their will. This guide will walk you through the legal process and important considerations for disinheriting a family member.

What Does It Mean to Disinherit?

Disinheriting means specifically excluding a person from receiving any portion of your estate when you pass away. This can apply to children, siblings, or other family members. However, there are rules and legal structures that must be carefully followed to ensure your wishes are carried out.

Why Someone Might Disinherit a Family Member

Disinheriting a family member is a personal decision, and there are several reasons why someone might choose to do so:

• Estranged Relationships: Years of estrangement can lead to decisions to exclude a family member from inheritance.
• Financial Reasons: You may feel that a relative is financially stable and doesn’t need to inherit from you.
• Irresponsibility: Concerns about how a relative would handle the inheritance (e.g., issues with addiction, gambling, or poor financial management) might lead to disinheritance.
• Unequal Contributions: Some family members may have provided more care or support during your lifetime, and you want your estate to reflect that contribution.

Steps to Disinherit Family Members

1. Work with an Estate Planning Attorney The laws surrounding disinheritance can be complex. Working with an estate planning attorney at Slowik Estate Planning ensures that your wishes are legally enforceable. Georgia law requires a valid, updated will to make disinheriting effective.
2. Clearly State the Disinheritance in Your Will In Georgia, disinheriting someone requires a clear statement in your will. Simply omitting a name might leave room for misinterpretation, and the court may assume that it was an oversight. The language should be explicit, such as, “I intentionally make no provision for [Name] in this will.”
3. Avoid Generic Language It's important to avoid vague statements. Explicitly naming the person you wish to disinherit is critical. While you are not required to explain your reasoning in the will, doing so may help prevent legal challenges from the disinherited individual.
4. Account for Georgia's Spousal Protection Laws While you can disinherit children or other relatives, Georgia law provides some protection to spouses. You cannot fully disinherit a spouse, as they are entitled to a portion of the estate under the state's elective share laws. However, there are legal ways to limit what a spouse can receive, and an estate planning attorney can help you explore these options.
5. Use Trusts to Control Distribution If you’re concerned about the potential for a family member contesting your will, consider using a trust. Trusts can provide more control over how and when assets are distributed. For example, you could create a trust that limits or excludes a particular beneficiary, reducing the chances of successful legal challenges. Trusts can enable disinheritance but also avoids the probate process which limits the risk that a court might invalidate the disinheritance.
6. Update Your Estate Plan Regularly Relationships and circumstances change. It’s important to regularly review and update your will and estate plan to ensure it reflects your current wishes. This is particularly important after significant life events such as marriages, divorces, births, or deaths in the family.
7. Include a No-Contest Clause A no-contest clause (or in terrorem clause) can be an effective tool to deter disinherited individuals from contesting the will. This clause states that anyone who challenges the will forfeits their right to any inheritance. While Georgia does recognize these clauses, they must be carefully crafted to be enforceable.

Potential Legal Challenges

Even when disinheritance is properly documented, the disinherited family member may try to contest the will. Common claims include:

• Lack of Mental Capacity: Arguing that the testator (the person creating the will) was not of sound mind when making the disinheritance decision.
• Undue Influence: Suggesting that the testator was pressured or coerced by another individual into disinheriting a relative.
• Fraud: Accusing someone of tampering with the will or influencing the testator’s decisions through deception.

By working with Slowik Estate Planning, we help ensure that your estate plan is legally sound and less susceptible to challenges.

Final Thoughts

Disinheriting a family member is a personal and often difficult decision, but it is possible to do so legally and effectively. Clear language, proper legal advice, and regular updates to your will are key to ensuring your wishes are honored. If you’re considering disinheritance as part of your estate planning, contact Slowik Estate Planning. 



For more information or to schedule a consultation, reach out to Slowik Estate Planning today.