How can I Disinherit Someone

Disinheritance refers to the exclusion of an individual as a beneficiary of an estate. From a practical position, the decision to disinherit someone should not be lightly taken, as it may ultimately lead to undue cost and expense through litigation of the will. Nevertheless, such undertaking are often warranted by the circumstances of the family dynamic. In that vein, disinheritance can be achieved through a variety of strategies. Today we will focus on one particular strategy: the interrorem clause.

An in-terrorem clause, sometimes referred to as a no-contest clause, in a New York will, simply (and usually sharply) states that a person who challenges the Will is precludes from inheriting under the Will. Although it is true, that many states will not enforce such as clauses, since they are seen as violating public policy and New York court views such provisions suspiciously, they are enforceable under EPTL 3-3.5.

Please feel free to contact Kevin O'Sullivan to discuss your estate planning needs at (718) 587-9922. He is also available by email: Kevin@lawfirmkos.com. We look forward to speaking to you.