To “disinherit” someone is to intentionally exclude them from receiving any inheritance or assets upon one’s death. This action typically involves explicitly stating in a will or estate plan that a particular individual, usually a family member or heir, will not receive any portion of the deceased person’s estate. Disinheritance can occur for various reasons, such as strained relationships, disagreements, or the desire to distribute assets in a different manner. In legal terms, disinheritance must be clearly stated and executed according to the laws of the jurisdiction to be legally binding.
Change one’s will or take other steps to prevent (someone) from inheriting one’s property.
to prevent deliberately (as by making a will) from inheriting. v. to intentionally take actions to guarantee that a person who would normally inherit upon a party’s death (wife, child or closest relative) would get nothing. Usually, this is done by a provision in a will or codicil (amendment) to a will which states that a specific person is not to take anything (“my son, Robert Hands, shall receive nothing,” “no descendant of my hated brother shall take anything on account of my death.”). It is not enough to merely ignore or not mention a child in a will since he/she may become a “pretermitted heir” (a child apparently forgotten). A spouse can be disinherited only to the extent that the state law allows. A writer of a will can also disinherit anyone who challenges the validity of the will in what is called an “in terrorem” clause, which might say “I leave anyone who challenges this will or any part of it one dollar.
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property — a close family member, for example — should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse’s estate. With a few exceptions, however, you can expressly disinherit children.
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This glossary post was last updated: 29th March, 2024.
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