It’s an unfortunate situation, but in some families, the parent-child relationship reaches a point where one or both parties decide it’s best to cut ties for the time being. It could be due to an addiction, lifestyle choices or a multitude of other reasons.
In such a situation, a parent needs to make a decision: Should they include the child as a beneficiary or not leave anything to them?
California’s inheritance laws
Disinheriting a child is a significant and emotional decision. Furthermore, California’s detailed inheritance and community property laws make the situation even more complex.
One thing to remember is that California is a community property state, meaning that any assets acquired during the marriage are considered jointly owned by both spouses. While most people view community property in the context of divorce, it also has an impact on estate planning, particularly if you intend to disinherit a child.
Your will must use clear and explicit language that states your intention to disinherit the specific child. There could be misinterpretation and legal challenges if it’s vague or ambiguous. Furthermore, failing to name the child specifically could be viewed as an oversight or accidental omission.
Without those safeguards in place, your child could contest the will. Common grounds for contesting include:
- You were under undue influence when creating the will.
- Your will was created under fraudulent circumstances or duress.
- You lacked the mental capacity to make informed decisions when the will was created.
If you decide to disinherit a child, it’s important to have experienced legal guidance to help ensure that your will is legally sound and reflects your intentions. Conversely, if circumstances change and you and your child repair your relationship, it’s essential to update your will to reflect that.