Is it Possible to Cut Someone Out of Your Will?
Taking on the responsibility of creating your own will Â is one of the most important financial decisions that you can make. However, knowing dysfunctional families can be, the decision to disinherit someone can be a painful one.
There are a number of reasons you might wish to disinherit someone, and if you’ve decided it’s the best decision for your family, you should do it with a clear conscience. However, before you make that decision, you should first understand what it takes to disinherit someone and its possible consequences.
Disinheriting Someone: What It Means
Disinheriting someone is the act of leaving them out of your will. If you leave your estate to someone else in your will, you are either leaving that person everything or leaving them part of your estate. If you leave nothing to them, you are disinheriting them.
Disinheriting is not the same thing as disliking or hating someone. Disinheriting is a decision that should come out of careful consideration of the pros and cons. If you disinherit someone after a careful, rational decision, you are not being disrespectful or unkind.
That said, people often disinherit family members out of anger. If you have a strained relationship with someone and you decide to cut them out of your life by disinheriting them, this is considered a “bad will.”
The Consequences of Bad Wills
While disinheriting someone is not against the law, it can have financial consequences. When you disinherit someone, you can cause them to feel hurt, angry, or lost. Perhaps worst of all is the fact that if you disinherit them, they will not get a part of your estate, even though you specified in your will that that is what you wanted to happen.
These feelings can lead to problems for you financially. If you have a bad will, it can lead to lawsuits or challenges to your will.
Preparing to Remove Someone from Your Will
Obviously, if you plan to disinherit someone, you should have a discussion with them. Make sure they know that you are angry or upset with them and that you are disinheriting them because of this. Make sure they understand that, after you give them some time to come to terms with it, you plan to remove them from your will.
Try to make this stage as painless for them as possible. Even though you do not plan to leave them money, it will still be a shock to your system, and they may be disappointed. Again, try to make the conversation as easy as possible and as short as possible.
Documents You’ll Need for Disinheritance in the UK
Once you have had the discussion with the person whom you plan to disinherit, you will need to have a legal document prepared. You will need to prepare the will and have it signed in front of two witnesses. If a person does not have a will, the distribution of their estate will be determined by the rules of intestacy.
When you have the document in place, you can cut the person out of your will. After you have signed the will, you should keep the original and make at least three copies. You will want to sign two of the copies and give them to two different people to hold onto. This is to ensure that, if anything happens to the will, there is another copy.
Disinheriting someone is not a decision that should ever be taken lightly. It can lead to legal troubles and emotional quagmires. However, if you have decided that disinheriting someone is the best thing to do for your family, you need to make sure you take the proper steps to do it correctly.
If you’re considering cutting someone out of your will, you’re going to need the help of a reliable lawyer. Wills and Probate is here to help you understand your options. We understand how difficult it is to push yourself to create a will, which is why our team is here to assist you along with other legal documentation. Contact us today to learn more about our services.