What is the best way to make sure that any of my children not mentioned in my Will can contest it?

Asked on July 9, 2014 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The specifics of your case should be addressed by some one in person.  That being said, the general rule of thumb is to mention the child by name and then state that you have decided to make no provision in your will for him or her. An important component of competency in making a Will is knowing the "object of your bounty" meaning your beneficiaries. By not acknowledging them at all you open up the probate to a competency hearing.  If you are disinheriting them for financial reasons - say they are already wealthy - then consider adding that you are leaving them out NOT because of love and affection for them. Good luck.


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