What are the different options for Deliberate Exclusion/Forfeiture customization?
When a beneficiary is being treated unequally, most typically when a child is treated differently than their siblings, there are some clauses you can include in the will to protect the true intention of the testator.
eState Planner dynamically includes certain clauses in the following situations where the Client's children are impacted.
The Forfeiture clause is automatically included whenever the plan provides for at least one of the client's children receiving a smaller portion of the residue than the other children.
The Deliberate Exclusion clause is automatically included whenever at least one of the client's children is not receiving any gifts at all. That means there are no gifts anywhere to either the child themselves or a class gift to "Children".
For both options, you can set to have the clause dynamically included (clause will populate whenever children are treated differently in the residue or excluded completely from any gifts), or always included (clause will be included regardless of the plan details) or always excluded (clause will never populate even if children are impacted).
You can set your preference at the firm precedent level and then over ride them when generating a document for a particular client. For example, you may want to set your precedent at "Dynamically Include" so that it catches the most common and important circumstances. Then for any particular client who is excluding any particular person and who wants a clause confirming that in the Will, choose "Always Include" when generating that client's Will.
How do I customize the Deliberate Exclusion/Forfeiture Options?
- Navigate to the Documents tab and click on the will document type you would like to customize (ex. Single Will).
- Scroll down to the "Forfeiture/Deliberate Exclusion" section found under the main document settings and click on the option you wish to customize.
- Select the option from the drop down list (ex. Dynamically Include).
- You can also make changes to the title and content if you wish to customize the clause further.
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