Why You Shouldn’t Leave Someone $1 in Your Will
It’s not uncommon to hear stories of people leaving a single dollar to an estranged child, sibling, or former friend in their will—perhaps as a symbolic snub or to “prove” the omission was intentional. While it may sound clever or dramatic, from a legal and practical standpoint, bequeathing someone $1 is almost always a bad idea.
As estate planning attorneys, we often advise clients against this move for several key reasons:
- It Can Create More Legal Trouble Than It’s Worth
When you leave someone a nominal gift—like $1—you still have to identify them in the will and treat them like a legitimate beneficiary. That means they have the right to receive notice of the probate proceedings, review the will, and potentially contest it.
If your goal is to avoid a dispute or minimize court involvement, giving a person $1 can backfire by inviting the very challenge you were hoping to avoid.
- It Doesn’t Prevent a Will Contest
Many people mistakenly believe that leaving a dollar to someone will prevent them from contesting the will. This is a myth.
Unless you include a properly drafted no-contest clause—also known as an in terrorem clause—a disinherited person can still challenge your will in court. Even with such a clause, the $1 gift doesn’t offer meaningful disincentive to avoid litigation. After all, there’s nothing to lose by contesting a $1 inheritance, and if they succeed in cancelling your Will, the no-contest clause will also be cancelled.
A stronger deterrent is to leave a modest but meaningful amount—enough that the person has something to lose if they challenge the will and fail.
- It Creates an Administrative Headache
What many people don’t realize is that even a $1 bequest creates a legal and logistical burden for your executor. Once a bequest is made—no matter how small—your executor is legally required to notify the beneficiary, document the distribution, and physically attempt to deliver the money.
If the person is uncooperative, hard to locate, or outright refuses the money, the executor could be forced to jump through hoops to prove they tried. In some cases, they may even need to petition the court for relief or to be discharged of liability—just to resolve a one-dollar gift. This unnecessary administrative tangle can delay the entire estate and generate needless legal fees and court involvement.
- It May Be Interpreted as a Sign of Mental Incompetence or Undue Influence
If your estate plan includes a series of token gifts or oddly structured bequests, it can raise red flags for the probate court or disgruntled heirs. A $1 gift might look petty or irrational, which could prompt a judge (or opposing counsel) to question your mental state at the time the will was executed.
In contrast, simply omitting the person entirely or clearly stating that you are “intentionally making no provision” for them is cleaner, more effective, and less likely to cause complications.
- It Can Be Emotionally Counterproductive
While your intent might be to send a message or close a chapter, giving someone $1 can feel like a slap in the face—and it might fan the flames of resentment, rather than put the matter to rest. That, in turn, could motivate the disinherited party to seek revenge through the courts or public drama.
Estate planning is about protecting your legacy, not igniting family feuds.
- There Are Better Ways to Achieve Your Intentions
If your goal is to disinherit someone, the best approach is typically to:
- Mention them by name in your will
- Clearly state that you are intentionally making no provision for them
- Use a no-contest clause where appropriate (and enforceable under state law)
And if you want to leave them something small but significant—a keepsake, a letter, or a modest sum with an explanation—you can do so thoughtfully, without resorting to the token $1 approach.
Bottom Line
Leaving someone $1 in your will isn’t clever—it’s risky, messy, and often counterproductive. A good estate plan reflects clear thinking, not emotional reactions.
If you’re considering disinheriting someone or dealing with a sensitive family situation, consult with an experienced estate planning attorney. We can help you express your wishes effectively—and ensure your plan stands up in court.