Legal Question in Wills and Trusts in Georgia

Can you leave someone out of a will?

Can you leave a person, who would normally have a legal right to all or a portion of property upon death, out of a will? Can you exclude this person by so stating that in the will. Can you leave a person out of a will simply by not mentioning their name in the will?


Asked on 8/29/06, 5:20 pm

1 Answer from Attorneys

Christopher Ballar Christopher A. Ballar PC

Re: Can you leave someone out of a will?

Simply speaking, you could leave an heir or someone else like a child or spouse out of a will. But you can not cut off thier right to Year's Support or other legal remedies they may have. Disinheriting someone is tricky business and must be done carefully. Leaving a name out of a will is not effective and may actually include them in the will by doing so. You may want to consider using a revocable living trust to disinherit an heir, but if you use a will get some legal help to insure you do your will the proper way.

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Answered on 8/29/06, 5:35 pm


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