Disinheriting a Child

Most parents choose to leave their estates to their children equally. Sometimes, however, parents intentionally choose to leave nothing to one or more of their children. The parents may have what they consider to be legitimate reasons, such as one child being more financially successful than the others, not wanting a special needs child to lose government benefits, or not wanting to leave an inheritance to an irresponsible or drug-dependent child. Sometimes a parent wants to disinherit a child who is estranged from the family, or to use disinheritance as a way to get even and have the last word.

Regardless of the reason, disinheriting a child is hurtful and permanent, and it will undoubtedly affect the disinherited child’s relationship with that child’s siblings. Courts are full of siblings who sue each other over inheritances, but even if they do not sue, it is highly unlikely they will be having family dinners together. Finances aside, there is symbolic meaning to receiving something from a parent’s estate.

Disinheriting a child may be shortsighted and even completely unnecessary, as the following examples demonstrate:

• A child who appears to be more successful financially may have trouble behind the scenes. This child may actually need the inheritance now or in the future: fortunes can change quickly, marriages can collapse, and people can become ill. Consider that if you disinherit this child, you also disinherit your grandchildren by this child, unless you make specific provisions for them in your estate plan.
• You may have a spouse, child, sibling, parent, or other loved one who is physically, mentally, or developmentally disabled—from birth, illness, injury, or even substance abuse—who may be entitled to government benefits now or in the future. Most of these benefits are available only to those with very minimal assets and income. But you do not have to disinherit this person. You can establish a special needs trust that is carefully designed to supplement and not jeopardize the benefits provided by local, state, federal, or private agencies.
• You may have a child who is irresponsible with money or is under the influence of drugs or alcohol. Consider that this child may actually need financial help now or in the future and may eventually become a responsible or sober adult. Instead of disinheriting this child, you can set up a trust and give the trustee discretion to provide or withhold financial assistance, stipulating any requirements you want the child to meet.

How you choose to include your children in your estate plan says a good deal about your values and faith. Not disinheriting a child who has caused you grief and heartache can convey a message of love and forgiveness, while disinheriting a child, even for what seems to be good cause, can convey anger, resentment, and lack of love.

If you have previously disinherited a child in your will or trust and you have since reconciled, you need to update your plan immediately. If your decision to disinherit a child is final, be sure to discuss it with your attorney, who will know the best way to handle it in your estate plan. Finally, tell the child that you are disinheriting him or her so it does not come as a complete surprise. Explaining your reasons will allow for honest discussion, may help deter the child from blaming siblings later, and may prevent a costly court battle.