Disinheriting a Family Member in California: Key Considerations

Disinheriting a family member is a significant decision in estate planning, often influenced by personal relationships, financial concerns, or specific circumstances. While California law generally allows individuals to exclude certain relatives from their will or trust, it is crucial to take the proper legal steps to prevent disputes and ensure your wishes are honored.

Who Can Be Disinherited in California?

• Spouses: Under California law, completely disinheriting a spouse is difficult due to community property rights and the right to a spousal share. A surviving spouse may have legal claims to a portion of the estate unless proper legal measures, such as a prenuptial or postnuptial agreement, are in place.
• Children: In California, adult children can generally be disinherited. However, minor children may have rights to support under certain circumstances.
• Other Relatives: Siblings, parents, and extended family members can usually be excluded from an estate plan without legal consequences.

How to Properly Disinherit Someone in California

To ensure your wishes are carried out and to reduce the risk of legal challenges:

• Explicitly State Your Intentions: Your will or trust should clearly state that you are intentionally disinheriting the individual. Simply leaving them out may result in claims that it was an oversight.
• Use Precise Language: Avoid vague wording. A clear, direct statement of disinheritance is necessary to avoid misinterpretation.
• Include a No-Contest Clause: California law allows for no-contest clauses, which can discourage challenges by stating that a beneficiary who contests the will or trust forfeits their inheritance—though these clauses are only enforceable in limited circumstances.
• Obtain a Capacity Letter: To protect against claims of undue influence or lack of capacity, we often recommend obtaining a capacity letter from a doctor confirming that you are of sound mind when making your estate plan.
• Consider a Certificate of Independent Review: If your estate plan significantly benefits a caregiver, attorney, or another person in a potentially questionable position, California law may require a Certificate of Independent Review from an outside attorney to confirm that your decisions were made voluntarily and with full understanding.

Potential Challenges to Disinheritance

Disinheriting a family member, especially a close relative, can lead to legal disputes. Common challenges include claims of undue influence, fraud, or lack of capacity. Proper legal documentation and professional guidance can significantly reduce these risks.

Conclusion

Disinheriting a family member is a personal decision that should be approached carefully and with proper legal safeguards. Working with an experienced California estate planning attorney can help ensure your estate plan is legally sound, reducing the likelihood of future challenges and ensuring your wishes are respected.