02 Dec We want to cut one child out of our will. Can we?

Q. One of our children has not had contact with us since COVID in 2019 and has consistently been incommunicado. We are essentially estranged at the moment and do not feel obligated, due to many more circumstances, to extend any inheritance their way. What are the ramifications of doing this? Is it legal? And, how can one properly avoid any contesting of the will should we do this.
— Planning

A. We’re sorry to hear you no longer have a relationship with one of your children.

And we also understand how you’re feeling about possible future inheritances.

Adult children may anticipate, but are not legally entitled, to an inheritance, said Catherine Romania, an estate planning attorney with Witman Stadtmauer in Florham Park.

“Unfortunately, will contests generally arise where Child A who is left less, or disinherited, believes Child B has wrongly influenced a parent to leave more to Child B and less or nothing to Child A,” Romania said. “This is particularly problematic if the parent is elderly and/or in ill health and completely reliant on Child B for assistance.”

To properly avoid a will contest, you should work with a qualified estate planning attorney who will document his or her file and prepare a will for you with appropriate language, Romania said. For example, it is not necessary nor advisable to provide an explanation as to why you are disinheriting a child, she said.

If you supply a reason, the reason itself may give rise to controversy, she said.

If avoiding litigation is a priority, as an alternative to totally disinheriting a child, your attorney can also discuss with you different forms of “no-contest” clauses that can be placed in a will, Romania said.

“This clause, also called an `in terrorem’ clause, indicates that if a beneficiary raises a claim with respect to the will, he or she will lose his or her inheritance,” she said. “In order for such a clause to be effective, a child must be a beneficiary of some amount in your will. The courts will uphold such a clause unless it finds there is probable cause for bringing a court action.”

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This story was originally published on Dec. 2, 2022.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.