“If you leave them a dollar, they can’t contest” is something I hear all the time. I also hear, “The will or trust has a no-contest clause, so they can’t contest.” Not true. Courts have diluted no-contest clauses. Courts have ruled that claims of undue influence or lack of capacity aren’t contests. (I know—illogical.)
When a client wants to disinherit a child, I take several extra steps to make this as hard to contest as possible. Unfortunately, there are “shakedown artists” who will sue over anything. I recommend really thinking through disinheriting a child. The lawsuit, even if frivolous, will cost the estate a ton of money, and often just to stop the bleeding of money into attorneys’ pockets, heirs will settle and give the disinherited child their share just to make the case go away.
If you want to disinherit a child, give me a call, and we will invest the time and money to make their case so weak they hopefully won’t want to pursue it.
