Legal Question in Wills and Trusts in New Jersey

Disowning a child

How can a parent legally disown a married adult child before the parent is deceased to make certain there is no contesting of a will?


Asked on 10/21/06, 11:45 pm

1 Answer from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Disowning a child

There's really no fool-proof way to prevent a child from contesting a Will. As an intestate heir, a child would have "standing" to bring a claim and contest a Will that they were unhappy with (i.e. a Will that disinherited them).

One way to avoid a Will contest is to make your intentions 100% clear in the Will and perhaps in a letter that spells out exactly why you are disinheriting the child so that there is a record establishing your intent. Another option is to leave the child something (perhaps a cash legacy) in the Will, but add a clause that says any beneficiary who contests the Will gets nothing...that way the child will think twice before contesting the Will.

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Answered on 10/23/06, 9:03 am


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