Legal Question in Wills and Trusts in North Carolina

Does leaving a dollar to a son or daughter prevent them contesting the will?


Asked on 1/26/14, 5:46 pm

1 Answer from Attorneys

No and this is a really really dumb idea.

Even with an "in terrorem"* clause, children can contest a will if they have a mind (and grounds) to do so. Children cannot contest a will because a parent left them nothing or almost nothing. Children can contest a will because of (a) fraud/undue influence; or (b) lack of testamentary capacity or mental incapacity of some kind; or (c) forgery or something like that.

It would be far better to spend a few dollars and hire an attorney to draft a will which specifically disinherits your child if that is what you wish to do. The disinheritance should specifically refer to the child and should be something like:

"I have voluntarily and with full knowledge chosen to disinherit my son X, not out of lack of love and affection, but for my own personal reasons." Or, "I have not included my son X in this will as I have made provision for him outside this will or given him advancements while I was alive. Therefore, he is not to share in my estate."

*An in terrorem clause says something like this "I leave my son x the sum of $x,xxx provided that he does not contest my will."

I do not know your situation or what you are trying to accomplish - any samples here are by way of illustration only and may or may not be right for your situation. Only sitting down with a lawyer would enable you to know for certain and I make no representations that you can use the language here and be fine.

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Answered on 1/27/14, 9:55 pm


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