A disinheritance provision in a will

When people think about the terms of their will, they are usually thinking about who they want their assets to go to when they die. But just as important, sometimes even more important, is who you don’t want assets to go to. A disinheritance provision is a clause in a will that clearly states an intentional decision by the testator to exclude someone as a beneficiary. And clarity is key here. If a will is silent about someone who might otherwise be a beneficiary, such as a close family member like a child, that silence can create confusion, conflict, or could result in something even worse, like a will contest.

A properly drafted disinheritance provision removes that doubt. It says plainly and intentionally that the omission is not a mistake. That matters because your family or a court could assume otherwise. And when the wheel is explicit, it’s much harder for someone to argue they are accidentally overlooked. Occasionally, we have clients that will ask about leaving a small nominal gift, like $1, someone instead of disinheriting them outright, so as to show they didn’t forget about the person, but that their intent is not to leave them a real bequest. While I can understand this line of thinking, in Tennessee this is not a good strategy because by leaving that person anything, you are requiring your executive to have to obtain a receipt and release from that person that would need to be filed with the probate court in order to close the probate proceeding. I’ve yet to meet someone who is willing to sign a receipt and have it notorized when they’ve been left the giant sum of $1 in an estate.

Ultimately, the proper use of a disinheritance provision is about control, clarity, and protecting the estate plan that you’ve worked hard to create. Even a well-crafted will may not ultimately prevent a will contest, but it should clearly reflect your intentional choices so that those choices may be honored. If you’re in the unfortunate position of having to consider the disinheritance of a family member, thoughtful planning and precise drafting could make all the difference.