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Legal Definitions - Negative Will
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Definition of Negative Will
A negative will is a type of will where the person making the will (testator) tries to disinherit someone by directly stating their desire to do so. For example, the testator might write "I disinherit X" in their will. However, this method of disinheritance is usually not effective.
For instance, if a testator writes in their will "I disinherit my son John," it may not be legally binding because the law generally favors a person's right to inherit from their parents. Therefore, a negative will may not be enough to prevent someone from inheriting.
Another example of a negative will is if a testator writes "I leave nothing to my daughter Mary." This statement alone may not be enough to disinherit Mary because the law may still recognize her as an heir and entitle her to a share of the estate.
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Simple Definition
A negative will is when someone tries to prevent a person from inheriting their things by saying it directly in their will, like "I don't want X to get anything." However, this usually doesn't work and the person may still be able to inherit.
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