Can You Disinherit a Family Member in Your Will?
Deciding how to distribute assets after death is one of the most personal choices an individual can make. While many people choose to leave property and belongings to immediate relatives, others may have reasons to exclude certain individuals. Disinheriting a family member is legally possible in New Jersey, but it must be done carefully to be valid and enforceable.
Is It Legal to Disinherit a Family Member in New Jersey?
Yes, but it depends on who that person is and the nature of the relationship. An individual has the right to leave assets to whomever they wish, but certain legal protections may apply to spouses and minor children.
Disinheriting a spouse is typically not effective under New Jersey law. Under New Jersey law, a surviving spouse may have the right to claim a portion of the deceased person’s estate , regardless of the will’s contents. This is referred to as the elective share and is intended to prevent total disinheritance of a spouse. It typically covers one-third of the augmented estate.
To disinherit a spouse fully, the individual would need a valid prenuptial or postnuptial agreement in which the spouse waives any claim to the estate. Without such an agreement, the surviving spouse can override the terms of the will and claim the statutory share.
Can I Disinherit My Children?
Yes, it is generally legal to disinherit adult children in New Jersey. However, the will must clearly state the intent to disinherit the child. Omitting a child’s name or simply not mentioning them may lead to disputes later, especially if the child claims the omission was unintentional.
If the disinherited child is a minor, the court will likely intervene. New Jersey law does not allow minor children to be left without reasonable financial support. A parent cannot disinherit a minor child in a way that would leave the child without necessary care and resources.
What Happens If a Disinherited Family Member Challenges the Will?
If a disinherited relative believes the will was the result of undue influence, fraud, or lack of capacity, they may file a legal challenge in probate court. These claims can delay the distribution of the estate and may even result in the will being declared invalid.
To reduce the risk of these disputes, the will should be drafted with careful attention to language and formalities. We suggest including a clear statement acknowledging the disinherited person and the intent behind the decision. Some people also include a small inheritance and a no-contest clause to discourage challenges, though these clauses are not always enforceable in New Jersey.
Does a Trust Offer More Privacy When Disinheriting a Family Member?
Yes. Trusts are generally not subject to the same level of public scrutiny as wills, which become part of the probate record. By placing assets in a revocable or irrevocable trust, the individual can direct the distribution of property without going through probate court.
Trusts may also reduce the chances of legal disputes, though they are not entirely immune to challenges. Clear documentation and consistent estate planning strategies are important when using a trust to disinherit a family member.
What Should Be Included When Disinheriting Someone in a Will?
When excluding a family member from a will, the document should include specific language that names the person and clearly states the intent to leave them nothing. This can reduce the likelihood of confusion or future claims asserting that the omission was accidental. The individual should also review other estate planning documents, such as beneficiary designations and account titles, to make sure they reflect the same intent.