Which statement is true regarding a disinheritance clause according to the common law?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

The correct answer highlights the nuances of how a disinheritance clause functions under common law principles, especially concerning intestate succession. When a person dies intestate, the distribution of their estate is governed by the state’s intestacy laws, which dictate how property will be allocated among heirs. A disinheritance clause specifically aims to exclude certain individuals from receiving benefits under a will. However, this clause does not apply to property that passes by intestacy, since the law, rather than the individual's wishes expressed in the will, determines the distribution of such property.

In practical terms, even if a will explicitly states that a particular heir or potential heir is disinherited, this does not affect their legal right to inherit under intestacy laws, which might favor them depending on their relationship to the decedent. Therefore, the presence of a disinheritance clause does not invalidate the rights of heirs under intestacy statutes.

The other choices do not accurately describe the nature of disinheritance clauses. They either misstate the breadth of their application, such as suggesting they apply indiscriminately to all heirs, are limited only to biological children, or incorrectly assert that they are enforceable in every jurisdiction without regard for state-specific laws governing wills and inheritance.

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