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What to consider if you wish to disinherit someone

On Behalf of | Aug 3, 2026 | ESTATE PLANNING - Wills

Deciding who will get your assets when you die is something you have likely given a lot of thought to. There are people who expect you to leave something to them. However, except in the case of minor children, you are not typically obligated to do so.

If you do wish to disinherit someone who would expect to get something, it is important to think things through carefully.

Are your reasons valid?

Family members can become estranged, often over the smallest of things — to an outsider, at least. To those involved, the reasons may feel fully justified. Yet disinheriting someone is such a big move that it is wise to get some outside opinions on the matter.

Talk to other family members or close friends about it. They can help you reflect on whether disinheriting the person is really the right choice, or if it is something that you might regret. It is easy to think that you can just change your will later if the ice thaws between you, but you can’t predict the future, and if you did not get around to putting the person back into your will before you passed away or lost competency, they would likely get nothing.

Who else will it affect?

Leaving someone out of your will can cause issues for those to whom you do leave things. A child who does receive something may spend the rest of their life feeling guilty that they received an inheritance when their sibling didn’t. It might also lead to a rupture between them or a court challenge that delays the distribution of assets for everyone.

Is it clear that this was your wish?

Some people just omit a person from the will, but if the person files a challenge, it can lead a probate court to question whether this was your true wish. Properly documenting your choice reduces the chance that your decision can be challenged on the grounds that it was an oversight or due to mental incapacity or undue influence. Having experienced estate planning guidance can help you better determine whether disinheritance is the best option in your particular situation.