ESTATE PLANNING: WHY IS EXPLICITLY DISINHERITING SOMEONE SMARTER THAN LEAVING THEM $1?
When it comes to estate planning, one of the most emotionally charged decisions can be whether to include or exclude someone from your will. Whether it’s an estranged child, former relationship, or a distant relative, many people think the safest way to avoid a legal challenge is to leave the person a token amount, for example $1. But in reality, explicitly disinheriting someone is often a cleaner, more strategic choice.
In this article, we’ll break down the differences between these two estate planning strategies, and explain why naming someone and giving them nothing — rather than something nominal — may better protect your legacy and your heirs.
WHY DO YOUR ESTATE PLANNING WISHES NEED TO BE CLEARLY STATED?
Clear estate planning is about more than who gets what. It’s about:
Minimizing legal challenges
Preserving family harmony
Avoiding ambiguity in your intentions
Ensuring your true wishes are honored
When your documents leave room for interpretation, you increase the risk of disputes, legal fees, and drawn-out probate battles.
TRUTH OR MYTH: “LEAVE THEM $1 SO THEY CAN’T CONTEST THE WILL?”
One common estate planning myth is that leaving someone a dollar or other small amount ensures they can’t contest the will. While this might appear to show that you didn’t “forget” them, it can actually raise more questions than answers. In fact, giving someone a nominal amount can cause so many potential problems, some of which are:
Signal that there may have been coercion or undue influence.
Invite claims that the testator (you) lacked capacity.
Be interpreted as a passive-aggressive insult, stirring emotional and legal drama.
Still allow the disinherited party to argue that the gift was a mistake.
WHY IS EXPLICIT DISINHERITANCE/ CLEAR LANGUAGE LEAVING SOMEONE OUT THE BEST OPTION?
Instead of leaving someone a symbolic amount, a clear, unambiguous disinheritance clause is typically more effective and legally sound and has the following benefits:
- Eliminating Confusion: You are stating outright that the omission is intentional — not a mistake or oversight.
- Reducing Legal Challenges: Courts are less likely to entertain claims if your intent is clearly spelled out.
- Preserving the Integrity of Your Estate Plan: Less ambiguity means fewer delays in distributing your assets to your intended beneficiaries.
- It Can Be Done With Compassionate Language: Disinheriting doesn’t have to be cruel, your estate planning attorney can help craft clear wording that explains your decision.
IS ESTATE PLANNING JUST ABOUT DIVIDING ASSETS?
Estate planning isn’t just about dividing assets. Wills and trusts are also about making your wishes unmistakably clear. While the idea of leaving someone $1 might feel like a statement, it’s often a legally weaker strategy than explicit disinheritance. If you’re considering excluding someone from your will or trust, do it the right way. Do it compassionately, openly, legally, and with your attorney’s guidance. Protect your legacy by planning ahead with clarity, compassion, and confidence. Call or email me today to get started on your peaceful estate planning.
WHY SHOULD I USE ALLY M. GLASER, PA TO HANDLE MY WILLS AND TRUSTS, ESTATE PLANNING, AND PROBATE MATTERS?
I sell peace of mind and protect my clients and their loved ones with my holistic approach to estate planning. I am authentic, knowledgeable, and caring. As an Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach, Florida with over twenty-eight years of experience and both a Psychology and Law degree, I handle these matters with knowledge and sensitivity. I am familiar and comfortable with both the Miami-Dade probate court system and Broward County probate court and I know how to get things done. I handle both estate planning and probate cases, thus, I am familiar with the challenges of each and provide my clients with additional protections. Call or email me today to discuss your matters. I am happy to help you and your loved ones during this important process.