If you’re trying to disinherit someone in a will, there are certain steps you will need to follow. Writing a will gives you the legal power to determine how your assets will be distributed after your death. One choice you may face is whether to disinherit someone—meaning they will not receive any portion of your estate.

Be Clear and Explicit in the Will

The most important step in disinheriting someone is to be clear and explicit about your intentions. Simply omitting a person’s name from the will may not be enough, especially if they are a close family member who might expect to inherit from your estate. To avoid confusion or potential legal challenges, you should clearly state the person’s name and your intent to disinherit them.

To do this, include a sentence like, “I have intentionally and with full knowledge chosen to disinherit [Name] from receiving any part of my estate.” This direct language reduces the likelihood of disputes, as it makes your intentions unmistakable.

Disinheriting Family Members

Disinheriting a spouse is not as straightforward as disinheriting other individuals, due to legal protections in place. Oklahoma law, entitles a surviving spouse to a portion of the deceased spouse’s estate, regardless of what the will states. This is the elective share (or spousal share) and typically includes one-third to one-half of the estate.

To effectively disinherit a spouse, you would need them to agree to a prenuptial or postnuptial agreement, which explicitly waives their right to an elective share. Without such an agreement, even if your will disinherits them, state law may still entitle them to claim a portion of your estate.

Unlike spouses, you generally have the right to disinherit your children or other family members, such as siblings or parents. However, if you do not clearly state your intent to disinherit, they may have grounds to contest the will, arguing that the omission was accidental or that you were under undue influence.

To avoid this, it’s important to specifically name each child and clearly state your decision to disinherit them. For example: “I have intentionally and with full knowledge chosen to leave nothing to my child, [Child’s Name].” You don’t have to provide a reason, but some choose to include explanations, particularly if there is a strong reason.

However, you cannot completely disinherit minor children from support. State laws generally require you to set aside a portion of your estate for their care until they reach adulthood. While you can limit or reduce their inheritance, they may still be entitled to receive support based on state law.

Consider Using a No-Contest Clause

If you’re concerned that a disinherited person may contest the will, you can include a no-contest clause (also called an in terrorem clause). This states that if anyone contests the will and loses, they will forfeit any inheritance they might have otherwise received. While this may not prevent a disinherited person from challenging the will, it can discourage them from doing so.

Update the Will Regularly

Life circumstances change, and so may your intentions regarding who should or should not inherit from your estate. It is important to regularly update your will to reflect any changes in relationships, family dynamics, or financial circumstances. Failing to update your will could lead to outdated provisions that do not reflect your current wishes.

For instance, in the probate process, if you disinherit a child due to personal disputes but later reconcile, you may want to update the will to include them. On the other hand, if you develop estrangement or conflicts with a relative, you may choose to amend the will to reflect their disinheritance.

Oklahoma City Will and Trust Attorneys

Disinheriting someone in your will is a personal decision that requires clear communication and careful legal drafting. Whether you are seeking to disinherit a child, spouse, or other relative, it’s important to use explicit language and understand the legal protections that may apply to certain family members, particularly spouses and minor children.

By working with an estate planning attorney, you can ensure that your final wishes are respected and legally enforceable. If you’re wanting to disinherit someone in your will, our estate planning team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.