Faith, Ledyard & Faith, PLC
COVID-19 NOTIFICATION: To protect your safety and the safety of our staff, in response to the threat of COVID-19, we are offering the option to connect with us via telephone, email and video-conferencing. Our staff are fully operational. Please call or email us to discuss your options.
A Full-Service Law Firm Serving the West Valley and Greater Phoenix for More Than 40 Years
PA Image
Real Estate Law
PA Image
Personal Injury
PA Image
Civil Litigation
Construction Law
PA Image
PA Image
Employment Law
PA Image
Estate Planning
PA Image
Debt Collection
PA Image
Government Law
PA Image
Criminal Defense
PA Image
Business And
Commercial Law
PA Image
En Español

What is a partial disinheritance?

| May 15, 2019 | Wills |

Disinheritance means, in the most general sense, that you are leaving someone out of your will. They expected to get an inheritance from you — often, this person is a child — but your estate plan gives the money to others.

A partial disinheritance, then, is simply not as drastic. Instead of cutting that child out of the estate plan, you’re just leaving them a smaller portion than their siblings. Maybe you have $500,000 to distribute, for instance, and one of your kids will only get $25,000, while the other two will split what is left over.

Even though you are still giving them something, this tactic can cause problems. They may try to contest the will, alleging that it is unfair or that someone influenced you to change the will. Some experts say you should use a no-contest clause if you really want your decision to stand.

The reasons to use a partial disinheritance vary from person to person. Maybe your heir has an addiction problem or poor spending habits, and you want to limit how much money they can waste. Maybe you wanted to cut them out completely, but you couldn’t bring yourself to do it, so you left them a smaller amount than expected. Maybe they are very well off financially and simply do not need as much money as your other heirs.

No matter what your reasons are, you can see that this makes for a complex and potentially controversial estate plan. Make sure you take the time to really look over all of your legal options as you set it up.

Lead Counsel Rated LC
Certified specialist | State bar of Arizona | Real Estate | Law Specialist
Distinguished AV | Peer Review Rated | LexisNexis Martindale-Hubbell | For Ethical Standards & Legal Ability
Martindale Hubbell AV Preeminent peer rated for highest level of professional Excellence 2020
Expertise Best Real Estate Layers in Phoenix 2020


FindLaw Network

Stay Connected With Us