Does Ca law permit disinheritance of a child witout stating cause in Will/trust?

Question

Disinherited and latest will without specifying reason. Reunited with Mother and was going to change will but died unexpectedly recently. Had falling out over social issues.

Answer 1

Yes - but it is not the best way to disinherit someone because it is such an unusual thing to do, that the will is open to the criticism that the maker of the will wasn't thinking clearly or was under undue influence of another person who takes under the will.

I assume you were mentioned by name in the will - so that it doesn't appear that you were merely forgotten and left out by accident.

The best way to disinherit a child is for the maker of the will to state a reason for leaving the child very little and then leave the child something substantial along with a no contest clause. Example: A million dollar estate - reasons are stated for the disinheritance - but the child is left, say, $50,000 with a provision that it is forfeited if the will is challenged. - Doing things this way is more likely to work than leaving the child a dollar, because the child has an incentive not to challenge the will.

Caution should also be used in stating a reason for disinheritance in a will - General language is better than being too specific because circumstances may change - Also a will is not a good place to defame someone.

I recommend you have the will reviewed by a lawyer who specializes in this area of the law.

Answer 2

You will have to ask a CA estate lawyer for a definite answer, but the usual legal advice is not to state a cause, but to use some vague phrase like, "...for reasons I deem to be good and sufficient..." If you state a cause, and are wrong, the omission could be overturned.

Unless your mother told someone else she intended to change her will to restore you as an heir, and even then, you don't have much of a chance. The present heirs will claim you only reconciled for her money.

Answer 3

Every state allows this. In a will you have the right to leave whatever property to who ever you want. Lets say a man married for 45 years with 3 kids and 4 grand kids dies. he has the right in his will to leave all of his property to Paris Hilton if he wishes...his property his right.

Answer 4

As long as you are not nuts when making the will, you can give to or not to anyone you want and do not need to explain it.

Answer 5

no