Can You Disinherit a Family Member in Your Will?
One question that often comes up in conversations about wills is whether it’s possible to disinherit a family member. The answer isn’t always straightforward, and it depends on both legal rules and personal choices.
Before I move further, I should mention that my firm, Russell Manning Law PLLC, serves Corpus Christi, South Texas, and the Coastal Bend area, and I work with people who want clarity in creating wills and making decisions about how their estate is passed on.
Writing a will can be one of the most meaningful steps you take to make sure your wishes are carried out, and part of that may involve deciding who isn’t included. Deciding what happens to your property after you pass away isn’t only about money or possessions—it’s about relationships, values, and the way you want to leave things behind.
What It Means to Disinherit Someone
When I talk about disinheriting someone, I’m referring to the act of leaving them out of a will, either completely or by giving them less than they might expect. Disinheritance doesn’t always mean hostility—it can sometimes reflect circumstances or decisions that make sense for my situation.
Some common reasons people consider disinheritance include:
Strained family relationships: If a relationship has been damaged beyond repair, leaving property to that person may not feel appropriate.
Previous financial support: If you’ve already provided significant help during my lifetime, you may decide not to leave anything more in my will.
Charitable giving: Sometimes, you may want my assets to go toward a cause that matters deeply to you instead of to a certain family member.
Fairness among heirs: In certain cases, distributing property equally may not feel fair, especially if one child or sibling has already received substantial help.
The idea of disinheritance naturally raises emotions, but it’s a decision that must be supported by proper legal steps if you want it to hold up after I’m gone.
How Wills Impact Disinheritance
Because a will is a legal document, the way you write it makes a big difference in whether your wishes will be respected. A simple omission, like failing to mention someone, might not be enough to make it clear that you intended to leave them out. Courts often prefer clarity, and that means being specific.
When it comes to wills, disinheritance isn’t just about silence—it’s about making sure there’s no confusion. For instance, if you don’t want my adult child to inherit anything, it’s usually smarter to say so explicitly rather than hoping my omission will be enough. This way, no one can claim you “forgot” or made a mistake.
Transitioning from the idea of drafting clear language, you also need to think about whether the person you want to disinherit is legally protected in some way.
Rules Around Disinheriting a Spouse
While you may technically want to disinherit your spouse, the law generally doesn’t allow you to do so entirely. Most states give surviving spouses certain rights to a portion of the estate, regardless of what your will says. This is called the “elective share.”
The elective share can vary depending on where you live, but it often amounts to a percentage of my estate that your spouse is entitled to, even if you leave them nothing in my will. So if you try to disinherit your spouse completely, the law can override that choice.
Some options exist if you don’t want your spouse to inherit from you, such as:
Prenuptial agreements: If both spouses agree in writing before marriage, it’s possible to limit inheritance rights.
Postnuptial agreements: Similar to a prenup but created after the marriage.
Trusts: Sometimes, shifting assets into certain trusts can reduce what passes through probate and what’s subject to spousal claims.
Of course, these strategies require careful legal planning, which connects back to the importance of drafting wills with professional guidance.
Disinheriting Adult Children
In Texas, the rules for disinheriting adult children are generally more flexible than those for spouses. Texas law allows you to disinherit an adult child if you choose to, but it’s important to be explicit in your will. Simply leaving the child out may lead to disputes, especially if others believe you intended to include them.
To avoid challenges, you should clearly state your intention. For example, include a statement like: “I intentionally leave nothing to my child, [Name].” This makes it clear that the omission was deliberate and not an oversight, reducing the risk of legal disputes.
The process becomes more complicated when minor children are involved, as special legal protections apply to them. That’s the next consideration to keep in mind.
Disinheriting Minor Children
While you may not be able to leave property directly to a minor child, the law generally protects them. If you-+ pass away, my minor children usually have the right to financial support through guardianship or other court-supervised means. Even if you want to disinherit a minor child completely, state laws often won’t allow it.
This protection exists to make sure children aren’t left without resources for basic needs. So, although you may make decisions about adult children, disinheriting minor children is rarely an option.
Potential Challenges to Disinheritance
Disinheriting someone often creates the risk of disputes. If a family member feels excluded, they may challenge the will in court. Some common arguments include:
Lack of capacity: A claim that you weren't of sound mind when I created the will.
Undue influence: A claim that someone pressured or manipulated me into excluding a person.
Mistakes or unclear language: A claim that the omission was accidental rather than intentional.
Because of these risks, it’s often recommended to include “no-contest clauses.” These clauses state that if someone challenges the will and loses, they also lose whatever small share they might’ve received. No-contest clauses are mostly enforceable in Texas.
Why Legal Guidance Matters When Drafting Wills
Creating wills without legal input leaves room for mistakes. Laws around inheritance vary from state to state, and what works in one place may not work in another. By working with a lawyer, you can make sure your intentions are clear, your documents are valid, and your wishes stand up if challenged.
Some ways a lawyer can help include:
Clarifying legal rights: You learn whether disinheritance is possible under state law.
Drafting precise language: This reduces the risk of confusion or disputes later.
Advising on trusts or agreements: A lawyer can suggest alternatives that might better accomplish your goals.
Providing peace of mind: Knowing your will is legally sound helps you feel confident in my decisions.
At the end of the day, your will isn’t just a document—it’s a reflection of my wishes, and you want it to carry weight.
Get In Touch with an Experienced Will Lawyer Today
Disinheriting a family member isn’t a decision you should take lightly, and it carries both emotional and legal consequences. If you’re considering drafting or updating your will, I encourage you to speak with me at Russell Manning Law PLLC.
My firm serves clients in Corpus Christi, South Texas, the Coastal Bend area, Kleberg County, Nueces County, Live Oak County, Jim Wells County, Aransas County, and Victoria County. I can help you create a will that outlines your wishes with clarity and care.