Legal Question in Wills and Trusts in New Jersey

Re: cutting out one child

First, to omit a child you do not need to leave the child anything. The Will should simply acknowledge the child and specifically state that you do not want to leave anything to that child. Unfortunately, even if you put a clause in the Will prohibiting litigation, since the omitted child has nothing to lose, the child can challenge the Will. One argument would be "undue influence."

You should talk to an estate and tax attorney to address this for you.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

Re: cutting out one child

I agree with the other responders that some simple acknowledgement is all that is necessary (e.g., I am deliberately making no bequest to my son, XXX, for reasons best known to him, or I am deliberately making no bequest to my son, XXX, as I have otherwise provided for him, or similar language). I also agree that the Will contain an In Terrerum clause, which is now permissable under NJ law. I have frequently drafted similar types of Wills so if you need assistance, contact me directly. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Re: cutting out one child

It's a good idea to do so, you can also add an in terrorum clause that will further ensure your wishes. We can help you prepare your will for a reasonable cost to ensure that he will not be able to successfully challenge the devise. We can work it out on a telephone conference, and by e-mail--you won't even have to come in to the office. Feel free to e-mail me directly or call.

Re: cutting out one child

You could leave a bequest to that child and like Mr. Cevallos said you can insert an "In Terrorum Clause" which essentially is a clause that invalidates a bequest to a beneficiary under the will if they challenge or try to set aside the will.

In addition the will treats that person as predeceasing the Testator or Testatrix (the person making the will).

Please call me if you would like me to help you prepare the will. If you have any more questions feel free to email or call me.

This post is not legal advice and does not create an attorney-client

relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.