negative will
A negative will is a will in which the testator attempts to disinherit a person by stating that desire directly, for example “I disinherit X.” Usually, a negative will becomes an issue in cases of possible intestacy when a state’s probate code would pass the decedent’s estate to an heir that has been expressly disinherited. Whether or not this method of disinheritance will be successful varies by state. Historically, the common law rule was opposed to negative wills, but more recent state codes have allowed negative wills.
The Uniform Probate Code §2-101(b) states: “A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.”
As a result, negative wills are allowed under the Uniform Probate Code and legal in the states that have adopted §2-101(b) of the code into their probate code.
[Last reviewed in July of 2023 by the Wex Definitions Team]
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