Only someone who expects to get an inheritance can officially be disinherited. This generally means that they were included in the estate plan or they are someone like an adult child, who would naturally expect to inherit.
When this person is then cut out of the estate plan, it’s known as being disinherited. There are a few different ways to do this, and two of the most common are noted below.
A small inheritance
One tactic is simply to leave the person a small inheritance, rather than cutting them out entirely. This is usually done just to demonstrate that you are doing it intentionally. It’s not an oversight. You didn’t forget about them. You actually wanted them to receive a very small inheritance.
The benefit of doing this is that it helps to prevent estate disputes. But leaving a minimal inheritance is often unnecessary.
A disinheritance clause
Instead, you can use a disinheritance clause to identify the person and state your wish to disinherit them. There’s no need to leave them one dollar or $10 or even $100. As long as you accurately identify them, it makes your wishes clear so that they can’t challenge the estate on the grounds that you just forgot that you wanted to include them.
In some cases, a disinheritance clause is better because leaving someone a minimal inheritance can be seen as insulting. The clause also gives you a chance to explain your decision, if you would like. But no matter which tactic you decide to use, just be sure that you understand all of the legal steps to take to set up your plan.