What to Do If You Want to Exclude a Child from The Will
Having the estate planning process nailed down with the support of an experienced attorney, you might have questions that you are uncomfortable bringing up with your lawyer. One such question includes whether or not it makes sense to exclude a particular child from your will.
While the vast majority of estate plans give all of the assets to the spouse and then to the children, not every plan has to follow this type of testamentary distribution trend. If you wish to exclude a child or some other relative from your will, you are certainly free to do so. While it might go against the norm of what most people are doing with their estate planning, it doesn’t mean that it’s appropriate or wrong in your particular situation.
It simply means that you are recognizing a unique family dynamic and deciding that passing things on equally is the right thing to do. Deciding to exclude someone from your will could increase the chances of a will contest or a will challenge down the road. Having your documents properly drafted with the support of an experienced attorney can greatly decrease the chances that someone will be eligible to bring forward a will contest years into the future.
However, this is why you want to work only with an experienced and dedicated lawyer who has an understanding of your unique situation and can help to advise you of ways to avoid common missteps and problems. These problems could eventually turn into significant issues down the road when your loved ones, whom you intended to receive material are faced with a delayed probate proceeding because someone initiated a will challenge. Consulting with a lawyer helps to decrease the chances of these issues and empowers you with the chance to ask many of your questions about the estate planning process in general.