Can a will disinherit immediate family members?

On Behalf of Marcus, Gould & Sussman, LLP | Jan 2, 2026 | Estate Planning | A will gives an individual control over their legacy. The testator drafting the document can select their own beneficiaries. They may allocate property to family members, friends and even charitable organizations. Many people planning their estates focus on who should inherit from their estates. For others, estate planning or document revisions may be the result of choosing to disinherit a person. Family conflict, differences in values and a variety of other scenarios might inspire one person to disinherit those who might otherwise receive property from their estate as an heir if they die without a will. Can wills make disinheritance possible? Testators can choose their beneficiaries Heirs have a legal right of inheritance under the law. Beneficiaries have rights extended by estate planning paperwork. Those who draft wills and other documents have the power to choose their own beneficiaries. They can potentially elect to disinherit those who might otherwise have a right to inherit from their estate. Testators can disinherit one or all of their children. They can disinherit their parents if they do not have children. However, they generally cannot disinherit their spouses with a will. A spouse has a statutory interest in the marital estate, and they can challenge a will that does not allocate anything to them. Even in cases where disinheritance might be an option, testators have to follow the right procedure to do so effectively. The inclusion of illegal terms could invalidate a will and trigger probate conflict. Discussing testamentary wishes with an estate planning attorney can help people leave a legacy that aligns with their values and reflects their relationships accurately.