Disinheriting a Spouse or Child

Disinheriting a relative can be more difficult than you would imagine.

Spouses generally have a “right of election” that automatically allows them to get some share of your estate — typically 1/3 to 1/2. Some states increase or decrease the elective share depending upon whether there are children of the marriage.

Disinheriting a child is generally possible but you should be specific about your intent to do so in the will. It is generally not a good idea to describe why someone is disinherited because it could give the affected person(s) reason to challenge the validity of the will.