Disinheriting a child involves a complex and emotionally charged decision, but Arkansas law allows it when done with precision. If you plan to exclude a child from your will, you must express your intentions clearly and follow legal guidelines. Leaving out a child’s name alone does not stop them from claiming an inheritance.
Arkansas law protects omitted children unless clearly excluded
Arkansas law assumes you did not intend to exclude a child if you write a will and fail to mention a child born or adopted before signing it. That child then receives the same share they would under intestacy laws. This safeguard prevents accidental disinheritance and stresses the importance of using clear language when drafting your estate plan.
Explicit language ensures valid disinheritance
To disinherit a child in Arkansas, you must name the child in your will and state directly that they will not receive anything from your estate. For example, you can write, “I make no provision for my daughter, Jane Doe.” This statement leaves no doubt about your intentions. Courts rely on clear and direct wording to determine whether you intended to disinherit a child.
Later-born or adopted children receive similar protection
Arkansas law also protects children born or adopted after you sign your will. If your will does not mention these children or exclude them on purpose, they inherit as if no will exists. This rule ensures these children receive fair treatment if you did not update your estate plan.
If you want to disinherit a child, you must express your intent without ambiguity. List all your children and specify whether they will inherit or not. Use direct and unmistakable language. You can also include a clause that discourages challenges to your will. Review and update your estate plan regularly to make sure it continues to reflect your current wishes.