Written by attorney Evan Kyle Guthrie

Disinheriting Your Children In South Carolina

There is no requirement to leave your children an inheritance in South Carolina. For whatever reason you have you can choose to disinherit. Disinheriting your children in South Carolina is quite simple. All you have to do is make a simple will. You can mention all of your children in the beginning of the will. Mentioning your children in the will is as simple as saying that you have a child and then their name. Mentioning the child in the will and not leaving them any specific bequests or a part of the residuary is all you have to do to disinherit them. You do not have to leave each child a dollar or any nominal amount. Leaving a dollar is a popular misconception that is not necessary. It can only serve to hurt feelings and increase the cost of probate.

Without a will or other estate plan your children will receive 50% to 100% of your probate estate. Some concerns about disinheriting a child may lead to estate litigation down the road so it is important to make sure that that the will or other plan is properly made. For added protection against a potential will challenge, make sure that nobody is with you when you make the will so no argument of undue influence can be made and to see a doctor or psychologist shortly before making the will to prevent the argument of not being of sound mind. The estate ends up paying the legal expenses for estate litigation and it can easily drain assets from the estate and prolong distribution of assets to heirs.

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