A testator (someone who makes a will) can change their mind about their beneficiaries regarding different matters, including preventing them from receiving property from the estate. Disinheriting a loved one can be complicated but necessary in certain instances.
Here are four common reasons people disinherit loved ones:
Divorce
According to Texas law, if a marriage ends after a testator makes a will, the provisions of the will shall be read as if the former spouse failed to survive the testator – the former spouse will not be considered a surviving spouse. However, this rule does not apply if a court order or the will expressly states otherwise.
Therefore, a testator can disinherit their former spouse.
Lack of need
A significant percentage of parents draft their will when their children are young – they need financial support if anything happens to their parents. When they become older and get jobs, their need for money from their parents may be reduced. Accordingly, their parents may disinherit them to have enough assets for another child or a loved one who needs support or to donate to charity.
For example, a testator may disinherit an heir who lacks the need to have additional funds to cover the medical expenses of a special needs child.
It’s crucial for a testator to be careful when disinheriting someone due to lack of need, as circumstances change.
They have received enough already
A testator can also disinherit a loved one who has already received a lot of assets in the form of gifts or any other way.
Estrangement
Some testators usually disinherit family members or friends they have not communicated with for a long time or after having a fallout with them.
If you want to disinherit someone, obtain adequate information to validate your decision.
