How do you legally exclude some of your children from your Will?

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How do you legally exclude some of your children from your Will?

My husband has 4 children – 2 from a first marriage and 2 from the second. He needs to prepare a Will that does not include his first children because we bought a house 9 years ago and these children are over 21.

Asked on May 12, 2014 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It's actually fairly simple: the will should (1) clearly leave all other property (including the "residue" of the estate--that is, the property that is not otherwise specifically name or bequethed) to other people, so there is nothing not disposed or distributed by the will; and (2) should also specifically state that no property is being left to the children in question, to make clear that their omission was deliberate and not an oversight.  Make sure the will is properly executed (signed), witnesssed, and notarized, since if it is not valid, then the property will pass by "intestate succession," which will distribute to all children.


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