Disinheritance Techniques

In Departing Shot: How to Disinherit Neatly, Wall St. J., May 6, 2006, at B4, Kaja Whitehouse explains techniques a person may use if he/she wishes to disinherit an heir.  The methods Ms. Whitehouse suggests include:

• State reasons for disinheritance.  [Note:  In my opinion, it is possible for this technique to backfire. The explanation may upset some heirs, especially if they disagree with the facts or reasons given, and thus spur them to contest the will. Likewise, the explanation may provide the heirs with material to bolster claims of lack of capacity or undue influence.
• Record will execution ceremony.
• Include in terrorem (no contest) clause.
• Document testamentary capacity.
• Avoid appearance of undue influence.