Massachusetts  |  Wills and Trusts

Legal Question

Asked on: 12/09/05, 12:24 pm

Disinheriting children/no contest clause

I am helping a friend prepare a simple will, and I need language to disinherit two adult children of a previous marriage. They have long abandoned their father and have shown no interest in making contact despite their knowledge of his battle with cancer. He does not want them (or his ex-wife, who hates him) to be able to get any of his assets upon death. He wants everything to go to his current wife and two minor children. Right now the adult children are named in the section listing his children but only his two minor children are named in the sections regarding inheriting if his wife does not survive him for 30 days. I don't know if this is sufficient. He also wants to include a 'no contest' clause that will specifically disinherit them if they try to challenge their lack of inclusion in the will.

These people have no money to seek out a lawyer now - he's only worth something when he dies (life insurance policy). Things are very acrimonious between him and his ex-wife and their two children and have been many years, and he does not want them to be able to take assets away from the family that loves him and has supported him through his illness. Thanks.

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