Can I Disinherit a Family Member? Here’s What You Need to Know
- Travis Gasper
- 4 days ago
- 3 min read
When it comes to estate planning, one of the most sensitive—and frequently searched—questions is: “Can I disinherit a family member?”
The short answer is: Yes, you can. But the longer answer? It requires thoughtful planning and legally precise language to make sure your wishes are honored, and upheld in court.
Whether you're considering disinheriting a child, an estranged relative, or even a spouse, it’s important to understand how disinheritance works, why it’s not as simple as just omitting a name, and the steps you must take to avoid costly legal disputes down the line.
What Does It Mean to Disinherit Someone?
To disinherit a person means to intentionally leave them out of your will or trust, ensuring they do not receive any portion of your estate when you pass away.
This often comes up in cases of:
Estranged family relationships
Children from previous marriages
Situations involving addiction, abuse, or financial irresponsibility
Personal or religious differences
A desire to leave assets to charity or other heirs instead
Whatever the reason, the law allows you to make this decision—but only if you do it clearly and correctly.
Can I Just Leave Their Name Out of the Will?
No. Simply omitting their name isn't enough. If you leave someone out without clearly stating your intent to disinherit them, they may still have legal grounds to contest the will.
Courts may interpret the omission as a mistake or oversight, especially if the person is a close relative like a child or spouse.
To protect your plan, you need to explicitly state that you are intentionally leaving that person out of your estate.
Language Example:
"I am intentionally making no provision in this Will for my son, John Smith."
This language tells the court you knew what you were doing and it was intentional.
Can I Disinherit a Spouse?
In most states, you cannot completely disinherit your spouse unless they agree to it in writing (usually through a prenuptial or postnuptial agreement).
Spouses are generally entitled to an "elective share" of your estate, even if your will says otherwise. This varies by state law, so it’s essential to work with an estate planning attorney to understand your options.
Can I Disinherit a Child?
In many states, yes. You are not legally required to leave anything to an adult child unless they are financially dependent on you or you’ve made certain legal commitments.
However, the key is clarity. If you do not specifically state that you are disinheriting a child, they may be able to challenge your will in court, arguing that you forgot to include them or were unduly influenced.
What About Trusts?
A revocable living trust is another powerful way to disinherit someone while reducing the chance of a legal challenge. Trusts are private (unlike wills, which become public record) and offer more control over how, when, and to whom your assets are distributed.
If you're disinheriting someone a trust can help:
Avoid probate
Maintain family privacy
Reduce the risk of your wishes being contested in court
Real-World Scenario
Let’s say a woman named Tisha has three children: Emily, Robert, and Jane. Due to long-standing family conflict, Tisha decides to disinherit Jane. She updates her estate plan and clearly states in both her will and her trust, "I make no provision for my daughter, Jane Smith."
Because she documented this explicitly, and used a trust, her estate passed smoothly to Emily and Robert, and Jane had no legal grounds to challenge it.
Final Thoughts: Clarity Is Protection
Disinheriting a family member is a deeply personal decision. If you choose to do it, the most important thing is to make sure your wishes are legally clear and hard to challenge.
Don’t leave this to chance—or to DIY forms that miss critical legal details.
Need Help Structuring Your Estate Plan?
We can help you create a legally sound, conflict-resistant plan that ensures your assets go exactly where you intend—and nowhere else Book your Peace of Mind Planning Session today and take the first step toward protecting what matters most. We’ll meet in person or on Zoom, answer your questions, and walk you through our simple, flat-fee process.
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