How to Disinherit an Heir
- 1). Create a trust agreement or will that disinherits the heir as your beneficiary. You might want to impose strict limitations on distributions rather than fully disinherit your heir. For instance, you may make distributions conditional on the heir's completing a six-month alcohol and drug treatment program or graduating from a four-year college.
- 2). Provide a statement in your trust agreement or will that specifically mentions the disinherited child and specify your decision. For example: "I acknowledge the existence of my son John Q. Public but have decided to make no provision for him as beneficiary." If you are disinheriting your heir through no fault of their own, you might want to include a statement such as, "It is not for lack of love and affection that I have decided to make no provision for my son John Q. Public in this instrument."
- 3). Add a no-contest clause, which in essence disinherits any heir that contests the will or trust. Not all states recognize the no-contest clause. States that honor and enforce the clause may impose varying degrees of authority. Consult an estate attorney to find out whether your state recognizes the no-contest clause and how you can use it to your benefit.
- 4). Sign the instrument in front of notary public. Before the notary public can sign, date and affix her stamp to the instrument, she must confirm your identity using at least two forms of ID. A notary public can witness the signing of a legal instrument only if all parties are of sound mind.
