Can You Disinherit Someone In Your Will

Leaving someone out of your will is a decision that should be made with care. Whether due to strained relationships, financial reasons, or personal beliefs, people sometimes choose to disinherit a family member. While this is generally possible, there are legal rules around it that vary by state and situation.

What It Means To Disinherit Someone

Disinheriting someone means you are intentionally choosing not to leave them anything in your will. This could apply to a child, spouse, sibling, or other family member. It is not the same as simply forgetting to name them. Courts often assume close relatives were left out by mistake unless the will clearly states otherwise.

That is why disinheriting someone usually requires very specific language. You do not necessarily have to explain your reasoning, but you do have to be clear that your choice was intentional.

Spouses And State Law Protections

The rules around disinheriting a spouse are much stricter than disinheriting other family members. Most states give surviving spouses a legal right to claim a portion of the estate even if they were left out of the will. This is called an elective share, and the amount can depend on how long the couple was married and other factors.

To avoid this, some people use prenuptial or postnuptial agreements where both partners agree on what each person will receive. Without such an agreement, disinheriting a spouse is rarely straightforward.

Disinheriting Adult Children Or Other Relatives

Adult children, on the other hand, do not have the same legal protections in most states. A parent has the right to disinherit an adult child, though doing so can sometimes cause conflict or lead to legal challenges. For this reason, many attorneys recommend stating the child’s name in the will and confirming that they are being left out on purpose.

Failing to mention a child at all could leave the will open to claims that it was outdated or incomplete. By addressing the disinheritance directly, you make it much harder for anyone to contest the will.

Common Pitfalls To Avoid

One of the biggest mistakes people make is assuming a verbal agreement or a note outside the will is enough. In most cases, it is not. Only a valid and properly executed will can legally enforce a decision to disinherit someone.

Another issue is forgetting to update the will after major life events. If you have a falling out with a relative and want to change your wishes, the best time to revise your will is sooner rather than later.

Working With An Attorney Can Help

Attorneys like those at W.B. Moore Law often see disputes that arise when a disinheritance was not handled clearly. A well written will reduces the risk of legal battles, delays, or your wishes being overturned in court.

Making Your Wishes Known

You have the legal right to decide who inherits from your estate. If you want to disinherit someone, it is important to do so in a way that leaves no room for confusion. A clear, updated will and support from a trusted estate lawyer can help you make that decision stick.