What Do You Need To Do To Remove Someone In Your Will ?
If you wish to disinherit someone in a will, it can be a complicated matter. There is no solid and straightforward way to disinherit someone in a will, however, there are a couple of ways that you are able to get around it.
In this article, we will try our best to explain how you can remove someone in your will. It can be someone not related to you by blood. However, things can get complicated if it’s an immediate family member you choose to remove.
How to Disinherit Someone In Your Will
There are circumstances in your life where you no longer want someone to be part of your life anymore, including your will. You could be divorced or you may have gotten bad blood with a once close friend. It could be just because you no longer want an estranged child to have anything from you anymore. Whether you want that person to be part of your life anymore, here are some ways that you can remove someone from your will.
The straightforward way: Revoke your current will and make a new one
This is the most common and straightforward way of disinheriting someone from your will. You can choose to revoke your own will as and when you wish to. Any wills that are newly written will automatically revoke the last valid one.
However, there will be circumstances where your “earlier” will is still valid. For example, if you have divorced for a few years already. You haven’t written a new will or updated it in the last few years. Naturally your spouse will still be included in the same will. If you have passed away, and your spouse’s name is not removed from the will, then your spouse will get whatever they are entitled to as per your will.
As soon as you are divorced it does not mean your will and its contents are automatically revoked. It will still be valid for obvious reasons. Circumstances such as divorce do not automatically revoke your will. You will still need to write a new one to replace the current one you have.
Disinheriting with extra steps: disowning your immediate family publicly
It depends on how much energy you have for this one. You can choose to publicly disown your children, grandchildren, etc., publicly by announcing it in the newspaper. This may come across like a family drama series, but hey it happened before!
Some people question whether it is legal to do things this way as it comes across as petty. However, there are certain reasons as to why some people do it this way. It could be because your child has committed a crime or owed money to several loan sharks. Certain circumstances may contribute to negative implications for the rest of the family’s waking life. In this sense, it’s totally understandable.
But first you will need to write an official letter that is to be read and signed by both parties before it’s made valid. That means both parents and children will need to sign it in agreement. The letter will serve as a notice for disowning your family member.
However, it’s not as easy and convenient as some people think it to be. It’s very likely that the disowned child will not want to sign the letter for obvious reasons. Sometimes, the disowned can never be found or contacted for a very long time, if ever. If the disowned cannot be found, then a police report will be lodged.
Lodging a police report is good for circumstances such as when you have been continuously harassed by loan sharks whom your children owed money to. However, if the police report did not deter the loan sharks from harassing you, then this is what you should do next…
Making a public announcement!
When people say public announcements, they mean advertising. There are exceptions to this as you cannot simply update your Facebook, Twitter, YouTube, etc. There are specific methods when permanently disowning someone. You will need to publish it in a local newspaper.
As soon as you have published it on a newspaper, you will never be able to go back on your words. You will have 0 chances of making amends. It does give the public awareness towards you severing ties with your family members.
Once this is done, change your will immediately with the help of lawyers. There is a good chance that the disowned will come back for their share of your properties and assets. Work with your lawyers to ensure that all legal proceedings and property distribution are taken care of.
We hope that this article is able to shed some light to the burning question you have regarding making amends to your will. At times, disinheriting someone from your will may seem complicated. It doesn’t as soon as you have done sufficient research on the same matter.
If you ever need any will writing services or advice about wills, do not hesitate to contact us. We are willing to assist you.