Negative Wills

In California, if a will includes clear language that disinherits a person, such as stating 'my son takes nothing,' that disinheritance is effective even for property that would otherwise pass through intestacy. This means that the disinherited person will receive nothing, regardless of the intestate shares they might have been entitled to.

John's will states, 'I leave everything to my daughter, and my son takes nothing.' After John's death, he has property that would normally pass to his son under intestacy laws. However, because of the clear disinheritance clause, the son receives nothing from John's estate. The outcome is that the son is completely disinherited.

A clear 'my son takes nothing' means he gets zero, even if there's no will.

Students may mistakenly believe that intestacy laws override disinheritance clauses, leading them to incorrectly allocate shares to disinherited heirs. They might also overlook the importance of the language used in the will.

Questions often present a scenario with conflicting intestacy rules and a disinheritance clause, testing the candidate's understanding of how to apply the modern rule in California.