Disinheriting a family member is one of the most sensitive-and legally complex-decisions in estate planning. Whether it's due to estrangement, financial conflict, addiction, or blended family dynamics, it's more common than ever in 2025 to exclude a child, sibling, or even a spouse from inheriting.
But unless it's done with careful legal guidance, disinheritance can lead to will contests, costly probate litigation, and family breakdowns.
If you're considering disinheriting someone from your estate, you must do it the right way-clearly, lawfully, and with protections against challenges.
Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.
Why Disinheritance Is More Common in 2025
Modern family structures and rising intergenerational conflict have made disinheritance a more frequent part of estate planning:
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Blended families where a parent wants to prioritize children from a first marriage
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Estranged adult children or siblings with no contact
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Beneficiaries with substance abuse, gambling, or financial instability
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Protection of an estate from a spouse in a second or late-life marriage
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Legal battles over assets like businesses, real estate, or inherited property
Search volume for "how to cut someone out of a will" is up significantly in 2025-and so are disputes in probate court over improperly handled disinheritances.
Can You Legally Disinherit a Family Member?
Yes-but with important limitations depending on your state and relationship:
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Adult children can be disinherited in most states, but only through explicit legal language.
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Spouses are often entitled to a portion of your estate, regardless of your will, under what's called the elective share.
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Minor children generally cannot be fully disinherited, as courts may require guardianship or support provisions.
If you simply leave someone out of your will or trust without explanation or proper legal safeguards, that person may contest your estate, alleging:
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Lack of mental capacity
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Undue influence
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Fraud or mistake
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Ambiguity or invalid documents
A strong estate plan anticipates these risks and prevents unnecessary conflict.
The Right Way to Disinherit Someone in 2025
1. Use Explicit Language in a Valid Will or Trust
Do not leave the person's name out entirely-doing so may invite a court challenge. Instead, name the person directly and state your intent to disinherit them.
Example:
"I have intentionally and with full understanding chosen to make no provision for my son, John Smith."
This clear, unambiguous statement helps prevent claims that the omission was accidental.
2. Consider a No-Contest Clause
A no-contest clause (also called an in terrorem clause) states that if a beneficiary challenges your will or trust, they will lose whatever gift they were originally set to receive.
This can deter disgruntled heirs from suing-but it only works if the person has something to lose. That's why some people leave a small amount to the person they wish to disinherit, rather than cutting them out completely.
No-contest clauses are enforceable in many states, but the rules vary-an estate planning attorney can help you use this tool strategically.
3. Use a Trust to Add Protection and Privacy
Wills are public documents that go through probate. That means a disinherited person will see your estate plan and has the opportunity to file a legal challenge. A revocable living trust, on the other hand:
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Avoids probate, keeping your wishes private
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Provides controlled distributions to other beneficiaries
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Allows for stronger legal language and administration flexibility
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Makes it harder for disinherited individuals to interfere
For high-conflict or high-asset families, a trust offers the most effective and discreet way to manage disinheritance while protecting your estate.
4. Document Your Capacity and Intent
One of the most common claims made by disinherited heirs is that the person making the estate plan "wasn't of sound mind" or was manipulated by someone else. You can prevent this by:
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Working with an experienced attorney
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Including a capacity affidavit or video recording at the time of signing
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Avoiding isolated changes late in life without explanation
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Keeping detailed records showing you made the decision freely and rationally
This is especially important if you're disinheriting a child or spouse, or making unusual distributions that differ from your past statements or prior wills.
5. Review and Update Your Plan Regularly
If your estate plan is outdated, inconsistent, or contradictory, you open the door for challenges. Make sure to:
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Update your will, trust, and powers of attorney every 3-5 years
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Ensure beneficiary designations on retirement accounts and life insurance match your plan
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Remove joint ownership or transfer-on-death arrangements that conflict with your wishes
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Coordinate your disinheritance strategy across all your estate planning tools
Contact an Attorney to Legally Disinherit With Confidence
Disinheriting someone-whether it's a child, sibling, or estranged spouse-is never easy. But with the right legal tools, you can do it clearly, fairly, and with full protection against future challenges.
At Heritage Law Office, we help clients craft secure, legally sound estate plans that honor their wishes and avoid probate disputes.
Call 414-253-8500 or contact us online to discuss how to protect your estate-and your peace of mind.
Frequently Asked Questions (FAQs)
1. Can I disinherit my child completely?
Yes, in most states you can legally disinherit an adult child, but you must do it explicitly. Simply omitting their name or failing to mention them in a will is not enough. A court may interpret silence as an oversight. It's safer to name the child and clearly state your intent to exclude them from inheritance.
2. Is it legal to disinherit a spouse?
It depends on the laws of your state. In many jurisdictions, a surviving spouse has a legal right to claim a portion of your estate, called the elective share, even if they are left out of the will. Disinheriting a spouse may require a prenuptial or postnuptial agreement, or careful use of trusts. Speak with an estate planning attorney to avoid future disputes.
3. What happens if a disinherited person contests the will?
If a disinherited person files a will contest, your estate could be tied up in court for months-or even years. They may claim undue influence, lack of capacity, or that the will is invalid. A no-contest clause and clear disinheritance language can help discourage legal challenges, but they are not foolproof. Working with an attorney significantly reduces the risk of a successful contest.
4. Should I give a small inheritance to someone instead of cutting them out entirely?
Sometimes, yes. Leaving a small inheritance (even $1 or $100) and including a no-contest clause can discourage challenges because the person stands to lose something. However, this tactic depends on your goals and your state's laws. In some situations, a complete disinheritance is more effective when properly executed.
5. What documents should I update if I want to disinherit someone?
To fully disinherit someone, you should review and update your:
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Will or revocable living trust
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Beneficiary designations on retirement accounts, insurance, and financial accounts
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Powers of attorney (so the person is not in control if you become incapacitated)
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Any joint ownership arrangements or transfer-on-death designations
Failing to update all relevant documents could create inconsistencies that lead to probate disputes or unintended asset transfers.