Article on The Art and Science of Disinheriting Heirs

Robert L. Moshman, Esq. recently published an article entitled, The Art and Science of Disinheriting Heirs —Part I: Practical Mechanics of Disinheritance, The Estate Analyst, September 2014—Part I. Provided below is the introduction to the article:

It has become a common refrain of late for wealthy people, such as Bill Gates or Gloria Vanderbilt, to announce that they are not leaving the bulk of their wealth to their children but instead are taking a “giving pledge.” Some celebrities, such as the late Philip Seymour Hoffman, have gone further by disparaging the corrosive influence of wealth and then “throwing shade” on trusts because they create spoiled “trust fund kids.” A significant number of ordinary estates have reasons for excluding or limiting particular heirs. Others can end up being disinherited by accident. How should disinheritance be implemented? What legal remedies are available for disinherited heirs? What alternatives should grantors consider? Here, in Part I of this article, we examine the practical considerations in drafting disinheritance clauses.