What to Write in your Will if you Disinherit a Relative

Nobody anticipates writing someone out of their will, especially a close relative. But sometimes, it’s necessary. Regardless of your reasons, you may decide to disinherit an individual.

But disinheriting someone isn’t as easy as it sounds. Children and immediate relatives who are left out of an individual’s will can take the matter to court. Unless the will specifically acknowledges an immediate relative’s existence, it’s possible to fight against the will and win money in court.

Here’s what you need to know about the Arkansas inheritance laws and how to disinherit someone from your will.

 

Arkansas Law About Inheritance

If an individual passes away, all of their children, adopted or biological, are entitled to their estate. Regardless of their will, if an individual “forgets” or removes one of their children, that child can fight the court for their share of their parent’s estate.

 

 

Here’s what Arkansas law has to say about inheritance:

“The child shall be entitled to recover from the devisees in proportion to the amounts of their respective shares, that portion of the estate which he or she would have inherited had there been no will.”

Essentially, if you don’t acknowledge one of your kin within your will, the courts may award someone with an equal share of your estate. If you don’t want someone to fight against your final wishes, it’s best to include them in your will.

 

How To Ensure Your Will Cannot Be Contested In Court

The best way to ensure your will cannot be contested is to leave an individual $1 in your will. This acknowledges their existence and gives them a small monetary amount, so they cannot claim that you “forgot” them while writing the will.

No matter your age, it’s essential that you determine an executor of your will. An executor will distribute your belongings according to your will once you pass away.

Without a will, your family may argue about who is entitled to certain belongings within your estate. Given the distress upon losing a close family member, the last thing your offspring needs is people arguing about “who gets what.”

 

 

You can ensure that your loved ones get their respective items and money from your will if you remember to include those who may contest your will. So if you have any children or close relatives who are disconnected from the family, consider leaving them $1 within your will to avoid any potential issues.

 

Consult Hickey & Hull Law Partners To Receive Family Law Advice

Are you looking to create a will? Contact the professional family law attorneys at Hickey & Hull. Our seasoned lawyers can help you write your will and ensure that no one within your family can contest its decrees. Regardless of your reason for leaving someone out of your will, our attorneys will provide expert advice to ensure your final wishes are granted.

Currently, Hickey & Hull has five law offices across the state of Arkansas. Located in Fayetteville, Fort Smith, Little Rock, Mena, and Russellville, our team of law professionals can help you create an ironclad will. Contact us today to get started!