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Forefiture of Inheritance to Include Domestic Violence and Child Abuse

Clarkston Legal June 7, 2009

last-will-and-testamentUntil recently, the probate code, known as EPIC, had a forefiture provision which provided that any beneficiary under a will that killed the grantor, was automatically disinherited. The Michigan Legislature, however, is seeking to expand probate forefiture to include “domestic violence” and “child abuse“.

The desired effect of the new provisions is to deter abusive conduct on behalf of a beneficiary. Sadly, financial gain motivates many people to take advantage over others when they are often vulnerable. Elder abuse, curiously ommitted from the proposed probate legislation, is common among people suffering from a vaiety of age-related diseases and conditions.

Expanding EPIC’s forfeiture provision to disinherit abusive conduct is a positve step. The Legislature should also consider including elder abuse within the scope of the forfeiture provisions. If you abuse someone, you should be able to gain an inheritance from them.