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Disinheritance

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salt&light

Junior Member
What is the name of your state (only U.S. law)?
Oregon

I read in a will and estate book about disinheritance of a child. The child in question is an adult and is not being disinherited but will receive much less that the other 4 adults. Is there any laws that would come in question here?
Thanks!
 


anteater

Senior Member
No.

And, if you want to try to deter a will contest, put an in terrorem clause in the will. Oregon law is quite friendly toward such clauses:

112.272 In terrorem clauses valid and enforceable; exceptions.
(1) Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest.

(2) The court shall not enforce an in terrorem clause if the devisee contesting the will establishes that the devisee has probable cause to believe that the will is a forgery or that the will has been revoked.

(3) The court shall not enforce an in terrorem clause if the contest is brought by a fiduciary acting on behalf of a protected person under the provisions of ORS chapter 125, a guardian ad litem appointed for a minor, or a guardian ad litem appointed for an incapacitated or financially incapable person.

(4) For the purposes of this section, “in terrorem clause” means a provision in a will that reduces or eliminates a devise to a devisee if the devisee contests the will.
 

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