QUESTION
To also exclude my brother's children, do I have to specifically say so in the will?
Asked on Apr 30th, 2016 on Wills and Probate - Illinois
More details to this question:
I want to create a will which doesn't include my brother or his children or grandchildren. He is my only sibling . I'm unmarried and have no children so he would be the legal heir without a will. I want any assets I have at death to go to various charities. I currently have a will which specifically excludes him. Is it sufficient for the will to state that he specifically is to be excluded to also exclude his children (and potential grandchildren)? My will currently only excludes him and makes no mention of his children. I want his children excluded also.
1 ANSWER
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The Will, by itself, to the extent that it directs the distribution of all your assets to people/charities you name will exclude others that you have not named. With children or spouses who are being excludeed, we like to expressly state the intention to exclude them. That is because children and spouses are the typical recipients of estates. Siblings are not as typical, but expressly stating your intention to exclude your brother does not hurt. The only way your heirs might receive something from your estate is if all of the people you named do not survive, and there is no direction in the Will if that happens. If you are naming charities, and if a charity you have named is not around when you die, that share will need to go to another charity of similar type. The law presumes that you intended to make a charitable gift, and your intention will be carried out.
Answered on May 18th, 2016 at 10:52 AM