To Disinherit a Beneficiary is to purposely chose not to leave any real or personal property to a person who would be considered an heir by law (spouse, child, relative).
This would be done by including language in a Will or Codicil that seeks to guarantee that a person would not receive any property when the testator dies.
A person or entity named in a Will who is not a spouse, child or relative can also be disinherited by challenging the Will pursuant to language known as an in terrorem clause. See EPTL 3-3.5.
NOTE: a spouse has an explicit right of inheritance protected by law, known as a Right of Election (in New York). See EPTL 5-1.1A and EPTL 5-3.1.
This would be done by including language in a Will or Codicil that seeks to guarantee that a person would not receive any property when the testator dies.
A person or entity named in a Will who is not a spouse, child or relative can also be disinherited by challenging the Will pursuant to language known as an in terrorem clause. See EPTL 3-3.5.
NOTE: a spouse has an explicit right of inheritance protected by law, known as a Right of Election (in New York). See EPTL 5-1.1A and EPTL 5-3.1.
