disinherit


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Disinherit

To cut off from an inheritance. To deprive someone, who would otherwise be an heir to property or another right, of his or her right to inherit.

A parent who wishes to disinherit a child may specifically state so in a will.

disinherit

v. to intentionally take actions to guarantee that a person who would normally inherit upon a party's death (wife, child or closest relative) would get nothing. Usually this is done by a provision in a will or codicil (amendment) to a will which states that a specific person is not to take ("my son, Robert Hands, shall receive nothing," "no descendant of my hated brother shall take anything on account of my death.") It is not enough to merely ignore or not mention a child in a will since he/she may become a "pretermitted heir" (a child apparently forgotten.) A spouse can be disinherited only to the extent that the state law allows. A writer of a will can also disinherit anyone who challenges the validity of the will in what is called an "in terrorem" clause, which might say "I leave anyone who challenges this will or any part of it one dollar." (See: heir, pretermitted heir, will, codicil, descent, descent and distribution)

disinherit

verb abandon, abrogate, annul, cast out, cut off, cut off from inheritance, cut out of one's will, deprive of hereditary succession, disaffirm, discard, disclaim, disendow, disentitle, disherit, disown, dispossess of hereditary right, divest, exclude from inheritance, forfeit, forsake, nullify, oust, quash, recall, recant, renounce, replace, repudiate, rescind, retract, revoke, take away from, turn out, withdraw, withhold
Associated concepts: disinherit a husband, disinherit a wife, disinherit an adopted child, disinherit pretermitted children
See also: adeem, confiscate, deprive, disown, reject

disinherit

to deprive an heir or next of kin of inheritance or right to inherit. In some systems the testator may be restricted in the exercise of this right as in Scotland; see LEGITIM.
References in periodicals archive ?
Voth, 2010 BCSC 443, at page 142 observed, "there appears to be a growing trend in the authorities decided in the aftermath of Kelly to favour a rejection of objectively insufficient reasons to disinherit a claimant on the pretence that they are simply not rational.
For example, though the will expressly provides for one child and disinherits spouses, the will confusingly refers to children and tax deductions for spouses:
125) Nevertheless, the Code's strict form of negative will statute "requires express language, not just uncertainty," to disinherit an heir.
Returning to the previous example, if George had changed his will and beneficiary designations after the commencement of a divorce action in order to completely disinherit Mary, Mary would still be entitled to notice of the probate of George's new will, and would have the opportunity to inform the estate of her intention to take an elective share.
Hyde), transmit sentiment (The Longest Journey), disinherit within heredity (Joyce), express the maternal sublime (Elizabeth Bowen), encourage social climbing (Brideshead Revisited) and interpret the maternal through property (Banville).
He said: "I am amazed someone is trying to disinherit me.
It breaks my heart but I plan to disinherit my middle child, a son.
But Tabish began an illicit affair with his girlfriend and, when Binion found out, he threatened to disinherit her, the court heard.
And a powerful Saipan politician is lobbying the island legislature for a bill that would disinherit every illegitimate child in the Marianas, the Examiner states.
Kilbourn's latest book, Disinherit the IRS, was updated to reflect the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001 and reveals simple, legal strategies to avoid so-called "death taxes," as well as steps individuals must take to protect their children, grandchildren, and future heirs from predators and claims from lawsuits and divorce.
However, Mr Justice Henderson declared the later wills invalid, ruling the decision to disinherit Zoran had been driven by Kostic's insanity.
Michael Kilbourn knew he had to revise his 2-year-old book on estate planning titled Disinherit the IRS.