Legal Question in Wills and Trusts in California
Intentional omission of child described in will.
A clause in my recently deceased father's will states:
'I have intentionally omitted to provide for (MY NAME)in this will or in my Declaration of Trust dated 10/26/92.
(MY NAME) has claimed to be my child. I AM NOT HIS FATHER.
However, should some court in the future validate his claim as my child, I specifically exclude him from my probate estate and my trust estate, and leave him and any of his descendants nothing.'
Can this statement be made (legally acceptable), claiming 'not to be the father' then covering himself another way even if he is the father?
Thus denying my share of estate.
Asked on 6/02/02, 6:48 pm
1 Answer from Attorneys
Mina Sirkin
Sirkin & Sirkin
Re: Intentional omission of child described in will.
Yes.
Answered on 6/03/02, 1:18 am