A lot of people believe that leaving a dollar to an unpleasant relative in their estate plan will unequivocally cut them out of their will and make it harder for them to contest the will.

This is a myth. The reality is that whatever the will says goes. If you don’t put them in the will, they get nothing! If you really want to make clear that you’re leaving them out, or “disinherting” them, then you can simply have a clause that says so. You don’t need to leave them a dollar.

Furthermore, if you’re worried that cousins and unpleasant relatvies are going to emerge from the woodwork, leaving them a dollar may actually encourage them to contest your estate even more.

For example, when you die the probate court sends notice to your closest heirs and to anyone named in the will.

So if you have kids and a spouse, they will get notice from the court that you died, but none of your distant relatives will.

However, if you leave a dollar to a distant relative, they’ll get notice from the court as well – tipping them off that you died and giving them an opportunity to contest your estate.

Still Worried?

A will is very hard to contest. The law is built to support people’s desires and wishes on how they want to leave their legacy.

A clearly written, validly executed will is essentially airtight and unless you show undue influence, duress, or lack of capacity no contest is going to be successful.

Leaving someone a dollar is a waste of space in your will. In fact, as discussed earlier, it gives an unwanted beneficiary the right to notice and participation in the probate court which you were trying to avoid in the first place!

A simple disinheritance clause (which really isn’t advisable for non-close relatives) does the trick. Cousins and distant family members are owed nothing. Unless they have some creditors lien or can show quantum meruit or some other fantastical hail mary claim… non-close heirs aren’t owed anything.

The only relative who is owed something in your estate plan is your spouse.

The Bottom Line

If you’re really worried about a cousin or unwanted relatvie staking a claim to your legacy, speak with a lawyer and get your estate plan ironed out.

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