A sort of legal urban legend says that you should disinherit someone by leaving that person One Dollar which, in theory, stops them from contesting your Will. Like most urban legends, there is a nugget of truth and a lot of myth.
The Thinking Behind Leaving One Dollar
It is true that if your Will has a no contest clause and someone contests your Will then that person loses their inheritance. By leaving money, the goal is to dissuade someone from contesting because they would lose out on any money; however, by leaving a dollar the person isn’t really losing anything. Anyone can contest your Will, regardless of whether you disinherit that person or leave them something. However, the act of leaving a dollar adds insult to injury. Not only did you not leave that person anything, but you have rubbed salt in the wound.
How to Properly Disinherit Someone
Instead of leaving One Dollar, it is better to make a definitive statement that you are specifically and intentionally making no provision for that person, or are disinheriting them. Such a statement clearly shows you remembered the individual (they can’t argue you meant to leave them something and just forgot), and also show that you unequivocally intended for them not to be included in your estate. While that person can still contest the Will, such a clear statement will make any litigation more difficult to win, especially if you state why they are disinherited (i.e- I have made provision for them in my lifetime). If you simply leave someone One Dollar, it could open the door to questions such as the potential of a drafting error, or questions or incapacity or undue influence when the Will was created.
Preventing a Will Contest
A no contest provision can be a powerful method of dissuasion, if the person was left enough to make them think twice about contesting the Will. You can never fully prevent someone from contesting your Will, but you can mitigate the chances of it happening by discussing your last wishing with those in your family, including the person or people you disinherited.
Additionally, if you have a situation where you believe an individual would contest your Will, there are other estate planning tools to help avoid a fight when you’re gone. At Grissom Law, we work with you and your familial situation to create an estate plan that works best for you.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.