I wanted to take a moment and expand on a previous post related to disinheriting a child.  My prior post was on the specific question on whether one can disinherit a child.

The post was not speaking on the broader question on whether once one disinherits a child in their will, whether that disinheritance can be challenged.  The simple answer to that question is “yes” it might be challegned in probate.  For that matter, a disinheritance acheived through a provision in a trust may be challegned as well.

The point is that a person may disinherit a child; however, just because you disinheirit a child, does not prevent that child from challenging such disinheritance when you pass away.  The child will not challenge the actual disinheritance but rather challenge it in other ways.  For example, he/she may say you were unduely influenced in making a change in your will.  He/She may attempt to show your were coerced in some way.

I will write later on In Terrorem Clauses as a way to potentially mitigate those challenges.