Wills and Trusts:

Limitations

Some legal restrictions prohibit a testator from giving full effect to their wishes. Some laws forbid disinheritance of spouses or dependent children. A husband or wife cannot completely disinherit their spouse without their consent. In many jurisdictions, the living spouse has a right of election, which allows them up to 50% of the estate when he or she is unsatisfied with the will. Non-dependent children can be disinherited, but this should be clearly outlined in the will to avoid legal challenges. Property owned in joint tenancy can only go to the living joint tenant. Banks accounts, pensions, and insurance policies must go the named party.

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