How to omit an heir from your will

For one reason or another, you may wish to omit a relative from your will. Regardless of your motivation to remove or omit the relative, it is important that you follow proper procedures in order to ensure that the omission stands up in court and is honored after you pass away. With proper preparation, you can ensure that your wishes are known and followed.

The first thing you must do to omit a person from a will is to make this wish very unambiguous in your will. If you do not create a valid will that states your desire to omit an heir, the laws that govern intestate succession may pass on some of your estate to that heir. Furthermore, it is necessary to state clearly that you intended to omit a specific heir, so that no one makes the mistake of believing that you simply forgot to include him or her.

You must also make sure to revoke any other wills that you made prior to the will that omits an heir. If multiple wills exist, this creates confusion about your true wishes and may lead to challenges to your will after your death. This can be done very simply, but is not something to skip over.

It is also wise to consult with an experienced attorney to ensure that you have all of your legal bases covered. Florida maintains some surprising laws, and you may find that some technicality allows an heir to challenge your will and seek some of your estate after you pass. A good way to fight against this is to enlist the help of an attorney who understands the complexities of estate planning and will execution to help you craft a strong will that honors your wishes and leaves no ambiguity about your desire to omit a certain heir.

Source: Findlaw, “Legal How-To: Omitting Relatives From Your Will,” accessed July 14, 2017

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