Disinherited

Disinherited is a term used to describe a person who has been deprived of a right to inherit property from a deceased individual, typically through a will, trust, or other estate planning document. It usually refers to the intentional exclusion of a beneficiary who would otherwise have a claim to part of the estate. Disinheritance can be total, removing all potential inheritance, or partial, excluding specific assets or shares.

Disinheritance is carried out through explicit language in a will or trust, or by omitting a person from an intended distribution. It can be explicit, such as a clause stating that a named person is disinherited, or implicit, by the absence of a provision for that person who might otherwise have received something. Disinheritance generally applies to individuals who would have rights under intestate succession if there were no will, though many jurisdictions allow protections that can override a complete disinheritance in certain cases.

Legal protections vary by jurisdiction but commonly include rights for spouses and sometimes for dependents. Surviving spouses may have an elective or forced share of the estate that cannot be fully disinherited. Some laws require reasonable provision for dependents or close relatives. Disinheritance can be challenged on grounds such as lack of testamentary capacity, undue influence, coercion, or fraud, and courts may intervene to preserve statutory rights or, in some cases, reform the estate plan.

In practice, clear and careful estate planning is used to minimize disputes. Testators may employ strategies such as no-contest clauses or trusts to control distributions and reduce the likelihood of challenges by disinherited parties. Those who are disinherited may seek remedies through probate or trust proceedings, depending on local law.