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?
1 Answer from Attorneys
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.