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codicil disinheriting named family members

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C

crystalwoman

Guest
I have a will but want a codicil to it insuring me i have a 'bullet proof' will. I want to disinherit my 3 children from my first wife. I also want to make sure my first ex-wife and second ex-wife cannot claim anything.
I took care of my children and wives and they literally disowned me after my divorces.
I have been living with a woman now for 10 yrs and we jointly own a small amount of assets which she deserves(as they were hers to begin with) and she only wants her 2 sons to get when she and i are both passed on....

In the codicil of my will, is this what i am to say?

"I have previously taken care of my sons and dtr named here:
______________during my lifetime, and have chosen to leave nothing to them in this Will."

"Similarly, I am leaving nothing to my ex-wives (1)______ and (2)_______."

Does this pretty much guarantee me a 'bullet proof' will?
We had acquaintances who thought they had done right by getting duplicate wills done like my partner and i have. They did not have a pre-nup or a codicil stating which of his children ought not to get anything and his children protested and won. So we do not want this to happen to us....

Thank you, H :)
 


ALawyer

Senior Member
NOTHING is bullet proof.

Despite what you say and despite any Codicil they can seek to challange the Will and Codicil claiming you lacked mental competence, were subject to duress, undue influence, fraud, mistake, etc. Or it was not properly "executed". And they may claim back alimony, promises, fees for services, etc.

And as they will be left nothing, they have NOTHING to lose. Even a bogus objection could delay your probate proceedings for months or years, and cost your rightful heirs money and anguish.

Three approaches:

Create a Living Trust now and transfer your assets to it. They are harder to break and do not require probate.

Leave them just enought to have something to lose if they contest it.

GET A LAWYER to get you a set of documents and monitor their execution so that passes muster. Many many do it yourself efforts are an invitation to litigation.
 

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