Frequently Asked Questions (FAQs)
This is a difficult topic with many questions. Here are answers to some of the most common ones we encounter.
Do I have to state a reason in my will for disinheriting my child?
No, you are not legally required to state a reason. Furthermore, it is highly advisable that you do not. Stating your reasons in the will makes them part of the public record and can be used by the disinherited child to argue that you were acting out of malice, an irrational belief, or an unsound mind, potentially providing them with grounds to contest the will.
Can my disinherited child still challenge the will?
Yes, absolutely. Any person with legal standing, which includes a disinherited child, can file a lawsuit to contest the validity of a will. However, a well-drafted will, created with the guidance of an experienced attorney, makes it much more difficult for that challenge to succeed. The goal is not to prevent a challenge—which is impossible—but to win it.
What are the legal grounds for disinheritance or for challenging a will?
You do not need “legal grounds” to disinherit a child; it is your right as a property owner. However, the child needs legal grounds to challenge your will. The most common grounds are: 1) Lack of testamentary capacity (you weren’t of sound mind); 2) Undue influence (someone coerced you); 3) Fraud or forgery; or 4) Improper execution (the will wasn’t signed or witnessed correctly according to state law).
If I disinherit my child, are my grandchildren from that child also disinherited?
Not automatically. It depends on the specific language in your will and the laws of your state. If you only name your child, their children (your grandchildren) might still be able to inherit in their parent’s place. If your intention is to exclude that entire branch of the family, your will must explicitly state that you are making no provision for your child “or their descendants” (or “issue”). Clarity is essential.
Does disinheritance in my will affect assets like my 401(k) or life insurance?
No. A will only controls your probate assets. Assets with a beneficiary designation, like a 401(k), IRA, or life insurance policy, are non-probate assets. They will be paid directly to the person you have named as the beneficiary, regardless of what your will says. To completely disinherit a child, you must remove them from your will and from all beneficiary designations.
Is it different if I want to disinherit a minor child?
Yes, significantly. Courts and state laws are structured to protect minor children. While you may be able to disinherit a minor child in your will, courts may override your wishes to provide for the child’s housing, health, and education through your estate until they reach the age of majority. In some states, this is a legal obligation that cannot be waived. This is an extremely complex area that absolutely requires expert legal advice.
I heard you can’t disinherit children in Louisiana. Is that true?
This is a common question rooted in Louisiana’s unique legal history based on the Napoleonic Code. Historically, Louisiana law recognized “forced heirship,” which protected children (especially those under a certain age or with a disability) from being fully disinherited. While these laws have been significantly reformed and are much less restrictive today, Louisiana’s estate laws remain unique. If you live in Louisiana, it is especially critical to consult with a local attorney who is an expert in the state’s succession laws.
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