How to Disinherit Someone in Your Trust: The Right Way to Cut Someone Out of Your Estate

How to Disinherit Someone in Your Trust: The Right Way to Cut Someone Out of Your Estate

Your adult child has been estranged from you for 10 years. Your second spouse relies on you financially, and you want your estate to go to them, not to the child from your first marriage. Or your child has struggled with substance abuse, and you are afraid that inheriting money will enable their addiction rather than help them. You have decided to disinherit them. But you are not sure if you can actually do it, whether it will hold up in court, or what you need to say in your trust to make it legally binding. Many people believe they cannot disinherit a child. This is false. You can disinherit almost anyone you choose. But if you do it wrong, the disinherited person can challenge the trust in court and potentially claim a portion of your estate anyway. This article explains how to disinherit someone legally and permanently, how to prevent will and trust contests, and which family relationships you cannot fully disinherit.

Can You Actually Disinherit Someone? The Legal Answer

Yes. You can disinherit almost anyone you want. Your children, grandchildren, nieces, nephews. You can disinherit anyone. The law presumes that your property is yours to dispose of as you choose. You have the freedom to leave your estate to whoever you want. You also have the freedom to leave nothing to someone.

But there are exceptions. You cannot completely disinherit your spouse in most states. And in some states, you cannot disinherit your spouse at all. This is called spousal elective share. Your spouse has a right to claim a portion of your estate even if your will or trust says they get nothing. The exact percentage varies by state (typically 25 to 50 percent of the estate), but your spouse cannot be completely cut off.

Beyond your spouse, you can disinherit anyone. Your children have no legal right to your money. Your grandchildren have no legal right. Your siblings have no legal right. If you want to disinherit them, you can.

But here is the critical point: You must explicitly disinherit them. Simply leaving them out of your trust is not enough. If you mention some of your children in your trust but not others, a court may infer that the omitted children were accidentally left out. This creates a window for the omitted children to challenge the trust. But if you explicitly state in your trust that you are disinheriting someone, the trust is much harder to challenge.

Why People Disinherit Family Members

People disinherit for various reasons. Understanding your reason is important because it affects how you disinherit and whether your disinheritance will hold up if challenged.

Reason 1: Estrangement

You have not spoken to your adult child in 15 years. The relationship is permanently broken. You do not want them to inherit anything. This is a valid reason to disinherit. Estrangement is not a legal standard, but it is a common reason people give.

Reason 2: Substance Abuse or Addiction

Your child has struggled with addiction for years. You are afraid that leaving them a large sum of money will enable the addiction rather than help them. You want the money to go to your other child or to your spouse. This is a valid reason to disinherit, though you may want to consider a trust with conditions instead of complete disinheritance.

Reason 3: Financial Irresponsibility

Your child has a history of bankruptcy, poor financial decisions, or debt. You believe they will waste the inheritance. You want your money to go to someone more responsible. This is a valid reason, though again, a conditional trust might be a better option.

Reason 4: Second Marriage or Blended Family

You are in your second marriage. You have adult children from your first marriage. Your spouse has adult children from their first marriage. You want your estate to go entirely to your spouse, not to your biological children. This creates potential conflict. Your biological children may feel betrayed. But you can disinherit them in favor of your spouse.

Reason 5: Your Child's Spouse or Creditors

You do not want your child to inherit money that would immediately go to their spouse or be seized by creditors. Your child is in a bad marriage, or they have significant personal debt. You disinherit them to avoid your money flowing to someone else.

Reason 6: One Child Has Already Received Significant Gifts

During your lifetime, you gave one child $200,000 to buy a house, pay off student loans, or start a business. Your other children received little. You want your estate to go to the children who did not receive large gifts. You can disinherit the child who received the advance.

Reason 7: Your Child is Wealthy and Does Not Need the Money

One of your children is a successful surgeon earning $500,000 per year. Your other children are teachers and social workers with modest incomes. You want your estate to go to the children who need it more. You disinherit the wealthy child.

All of these reasons are valid. The law does not require you to have a reason at all. You can disinherit someone for no stated reason. But if you are disinheriting for a specific reason, you may want to mention it in your trust document. This makes it harder for the disinherited person to argue that you were mentally incompetent or that you made a mistake.

How to Disinherit Someone: The Right Way to Do It

If you decide to disinherit someone, you must do it correctly. Here is how.

Step 1: Use Explicit Language in Your Trust

Do not simply omit the person from your trust. Say explicitly that you are disinheriting them. Here is an example:

"I intentionally make no provision for my son, [name], in this Trust. This omission is intentional and not the result of mistake. I intend that he shall receive nothing from my estate."

This explicit language is critical. It shows that you thought about the disinherited person and made a conscious choice to leave them out. You did not accidentally forget them. This is much harder to challenge.

If you have multiple children and you are disinheriting only one, the explicit language becomes even more important. Example:

"I have three adult children: Alice, Barbara, and Charles. I provide for Alice and Barbara in this Trust. I intentionally make no provision for Charles. Any property I own at the time of my death shall pass to Alice and Barbara in equal shares. Charles shall receive nothing."

This language is clear and unambiguous.

Step 2: Consider Your Reason and Whether to Mention It

You do not have to mention your reason for disinheriting someone. This is actually where attorney opinions diverge. Some attorneys recommend mentioning a reason (to show deliberation and soundness). Others recommend using minimal or neutral language to avoid potential problems.

The risks of stating detailed reasons include:

First, detailed negative statements about a disinherited person can provide ammunition if they contest the trust. They can argue that your characterizations are incorrect, outdated, or reflect bias. They can claim that conditions have improved or that you were mistaken about facts.

Second, very specific negative statements (especially about substance abuse, criminal conduct, or moral failings) could potentially expose you to defamation claims if the disinherited person proves the statements false or exaggerated. While trusts are somewhat protected from defamation liability, detailed personal attacks carry risk.

Third, if the disinherited person is litigious or vindictive, explicit reasons give them detailed material to litigate about.

The compromise approach: Use neutral, factual language that shows intent without detailed negative characterizations.

Example (neutral language):

"I intentionally make no provision for my son, Charles. This decision is intentional and deliberate, not the result of mistake or accident."

This shows clear intent without giving ammunition for challenge. It is harder to argue with than:

"I intentionally make no provision for my son, Charles. While Charles is a capable adult, I am concerned that leaving him an inheritance may enable his ongoing struggles with substance abuse."

If you do decide to mention a reason, use only facts that are well-documented, objective, and not subject to dispute. Avoid emotional language, character judgments, or subjective opinions. If your concern about substance abuse is well-documented (treatment records, legal involvement), you can state it factually. But avoid language that sounds like personal criticism or moral judgment.

The safest approach: Use explicit disinheritance language without detailed reasons. This shows clear intent while minimizing risk of challenge or defamation exposure.

Step 3: Fund Your Trust Properly by Titling Assets Into It

This is critical and often overlooked: A trust only controls assets that are titled in the trust's name. If you create a revocable living trust but fail to transfer your assets into it, those assets will not pass through the trust when you die. Instead, they will go through probate, and your disinheritance language in the trust will not apply to them.

When you create a revocable living trust, you must:

• Retitle your house into the trust's name (deed transfer to the trust)
• Retitle your brokerage accounts into the trust's name (account transfer)
• Retitle your bank accounts into the trust's name (account transfer)
• Name the trust as beneficiary of life insurance policies and retirement accounts (IRA, 401k)
• Retitle any business interests into the trust's name (business structure amendment)

Any asset not titled in the trust's name at the time of your death will go through probate or pass outside the trust by operation of law (like retirement accounts with named beneficiaries).

If you create a trust with explicit disinheritance language but fail to transfer assets into the trust, your disinheritance protections do not apply to those untransferred assets. The assets may be subject to probate and potentially vulnerable to claims by the disinherited person.

This is why it is essential to work with an attorney who not only drafts the trust but also helps you transfer assets into it. Many people spend thousands on a trust document and then never actually move their assets into the trust. This defeats the entire purpose.

Step 4: Update Your Trust Regularly

If you have an older will or trust, and you want to disinherit someone, you must update it. Do not assume that an old document will hold up. As time passes, circumstances change. The original document may not reflect your current intentions. Disinheriting in a 20-year-old will is weaker than disinheriting in a current trust.

Update your trust or will at least every 5 to 10 years. If anything significant changes in your family relationships (estrangement, reconciliation, a child's financial situation changing), update your documents immediately.

Step 5: Document Your Mental Competence

If you are disinheriting someone, the disinherited person may argue that you were not mentally competent when you created or updated your trust. They may claim you had dementia, undue influence, or were not thinking clearly.

To prevent this argument, document your competence. Talk to your attorney about having a competency evaluation at the time the trust is created. Some jurisdictions recommend that the grantor (you) briefly meet with the attorney alone, without family members present. This creates a record that you made the decision yourself, without pressure from others.

You can also include language in your trust about your mental state:

"I, [name], hereby declare that I am of sound mind and memory. I am executing this Trust of my own free will, without undue influence from anyone. I have consulted with an attorney about this Trust and understand its terms. I am intentionally and deliberately making the decisions contained herein."

This language creates a record of your competence and your voluntary choice.

Step 6: Avoid Ambiguity

Do not use language that could be interpreted as accidental omission. For example, do not write: "I leave my estate to my children, Alice and Barbara." This language could be interpreted as an accidental omission of Charles if you had three children. The phrase "my children" could be read as implying Charles is not your child or that he was forgotten.

Instead, be explicit:

"I leave my estate to my two children, Alice and Barbara. I have three children, but I intentionally disinherit my third child, Charles."

This language leaves no room for ambiguity.

Red Flags That Make Disinheritance Vulnerable to Challenge

Even if you follow all the steps above, certain circumstances make your disinheritance vulnerable to challenge by the disinherited person.

Red Flag 1: You Recently Had a Major Illness or Cognitive Decline

If you create a trust or update a trust shortly after a diagnosis of dementia, stroke, or other condition affecting cognitive function, the disinherited person may argue that you lacked mental competence. They may demand a competency evaluation. They may argue that undue influence caused you to disinherit them.

If you are experiencing cognitive decline, document your competence through a competency evaluation by a physician. Keep records showing that you are still making sound decisions. Ideally, create or update your trust before cognitive decline becomes apparent.

Red Flag 2: Someone Benefits from the Disinheritance and Influenced Your Decision

You are married. Your spouse will inherit everything instead of your children from your first marriage. Your children may argue that your spouse exerted undue influence over you to get you to disinherit them.

Similarly, if one child benefits while another is disinherited, the disinherited child may argue that the beneficiary child influenced you. To prevent this argument, the person(s) who benefits from the disinheritance should not be involved in the creation or updating of the trust. They should not be present when you meet with your attorney. They should not discuss the trust with you. The more distance between the beneficiary and the disinheritance decision, the harder it is to argue undue influence.

Red Flag 3: Recent Conflict or Estrangement

If you and the disinherited person had a recent fight or argument, they may argue that you made the disinheritance decision in anger. They may argue that you intended to reconcile and would have changed your mind if you had lived longer.

To prevent this, if you have a conflict with someone and you are considering disinheriting them, wait 6 months to a year before updating your trust. This shows that the disinheritance is not a rash decision made in anger.

Alternatively, if you disinherit someone shortly after a conflict, explain in your trust that the estrangement is of long standing and not a temporary disagreement:

"For the past ten years, my son Charles and I have not communicated. This estrangement is the result of fundamental differences that cannot be resolved. This is not a temporary disagreement. I believe the estrangement is permanent. Therefore, I intentionally disinherit him."

This language shows that you made a deliberate, long-considered decision, not a rash one.

Red Flag 4: Unusual Circumstances or an Unusual Trust Structure

If you create a trust with unusual provisions, or if the trust is structured in a way that seems designed to disinherit someone, the disinherited person may challenge the validity of the entire trust. For example, if you create a trust that leaves everything to a new romantic partner whom you have known for only 6 months, and you disinherit your long-term children, this may trigger a challenge.

Keep your trust structure simple and reasonable. If you are disinheriting someone to benefit someone else, make sure the beneficiary is someone your family would reasonably expect you to benefit (a spouse, a different child, a grandchild). Avoid unusual or surprising beneficiaries unless you have documented reasons.

Red Flag 5: You Have a History of Changing Your Mind

If you have a history of creating and updating your will or trust frequently, changing beneficiaries constantly, and making rash decisions, the disinherited person may argue that this latest disinheritance is just another rash decision that you would have reversed if you had lived longer.

To prevent this, do not update your trust excessively. Make your disinheritance decision carefully and commit to it. Only update your trust when there is a significant life change (divorce, remarriage, a major shift in family circumstances).

How to Prevent a Will or Trust Contest

Even if you disinherit someone explicitly and carefully, they may still challenge your trust after you die. Here are steps to make a successful challenge very difficult.

Step 1: Tell the Disinherited Person (or Not)

You have two options: tell the disinherited person during your lifetime that you are disinheriting them, or do not tell them.

Option A (tell them): If you tell your disinherited child that they will receive nothing, and they do not challenge you during your lifetime, this creates evidence of your intent. If they wait until after you die to challenge, they will look vindictive. You had years to reconcile with them and tell them about your decision.

Option B (do not tell them): If you do not tell the disinherited person, they cannot argue undue influence during your lifetime. But they may be more likely to challenge your trust after you die, when it is too late to reconcile with you.

The better approach: Tell the disinherited person, but do so thoughtfully. Do not be cruel. Explain your reasons calmly. Give them a chance to respond. If they accept the disinheritance, they are unlikely to challenge it later. If they argue with you, ask them to sign a document acknowledging that you discussed this with them and they understand your decision.

Example document:

"I, Charles, hereby acknowledge that on [date], my parent, [name], told me that they intend to disinherit me and leave their entire estate to [other beneficiaries]. I understand this decision. I may not agree with it, but I acknowledge that I have been informed of this decision."

If the disinherited person signs this document, they cannot later argue that they did not know about the disinheritance or that it was a surprise.

Step 2: Use a No-Contest Clause (in-terrorem Clause)

A no-contest clause (also called an in-terrorem clause) states that if any beneficiary challenges the validity of the will or trust, they will forfeit their inheritance. This clause is very effective at preventing will contests.

Example:

"If any beneficiary named in this Trust contests the validity of this Trust or any provision herein, the contesting beneficiary shall forfeit their entire inheritance, and their share shall pass to [other named beneficiary]. This provision applies even if the contest is ultimately unsuccessful."

This clause discourages challenges because the cost of filing a lawsuit and potentially losing the challenge is high. If a beneficiary stands to receive $100,000, but contesting the trust could result in forfeiture of that $100,000, they are unlikely to file a challenge.

Critical limitation: A no-contest clause does not apply to people who receive nothing in the trust. If someone is explicitly disinherited, they have nothing to lose by challenging the trust. A no-contest clause protects beneficiaries (people who are getting something). It does not protect against challenges by disinherited people.

Additionally, no-contest clauses do not prevent validity challenges based on incapacity, undue influence, fraud, or duress. A disinherited person can still sue claiming you were not mentally competent when you created the trust, or that someone exerted undue influence over you to get you to disinherit them. These are validity challenges, not simple disputes about the terms of the trust. A no-contest clause does not stop these kinds of claims.

What a no-contest clause does prevent: It prevents beneficiaries from contesting the terms of the trust or the distribution amounts. It discourages frivolous lawsuits by beneficiaries who receive something but want more. But it is not a complete shield against all challenges, especially from disinherited parties.

Step 3: Leave Disinherited Person a Small Amount (Optional)

If you are concerned that a disinherited person will challenge your trust, you can leave them a nominal amount. This does not satisfy them, but it triggers the no-contest clause if they challenge the trust.

Example:

"I leave to my son Charles the sum of $1,000. If Charles contests this Trust, he shall forfeit this $1,000 and receive nothing."

Now Charles has something to lose if he challenges. If he challenges and loses, he forfeits the $1,000. This discourages frivolous challenges.

However, this strategy has a downside. By leaving Charles $1,000, you are acknowledging him in your trust. Some courts may interpret this as evidence that you did not intend to completely disinherit him. Use this strategy only if you want to reduce the likelihood of a challenge more than you want to show complete disinheritance.

Step 4: Use a Revocable Living Trust Instead of a Will

Wills go through probate, which is public. Any interested party can access the will and see that they were disinherited. This invites challenge.

Trusts do not go through probate and are private. The disinherited person may not find out about the disinheritance until after you die. By that time, the trust is in effect and much harder to challenge. Trusts also give the trustee discretion to defend the trust against challenges.

If you want to disinherit someone, use a revocable living trust, not a will.

Step 5: Document Everything

Keep records of your reasons for disinheritance. Keep records of family conflicts, estrangement, or financial irresponsibility that led to the decision. Keep records of communications with your attorney. Keep records of any competency evaluations.

If a challenge arises after your death, these documents become evidence that you made a deliberate, sound decision.

State-Specific Rules: Your State Matters

Disinheritance laws vary by state. Some states make it easier to disinherit someone. Others make it harder.

Minnesota: Minnesota follows common-law principles and allows disinheritance of all family members except spouses. You can completely disinherit your children with explicit language. However, Minnesota law requires that if you accidentally omit a child (called a pretermitted heir), that child may have rights to claim a share of your estate unless you explicitly disinherit them. Therefore, if you have children and you want to disinherit one or more, you must use explicit disinheritance language naming the omitted child. Simply leaving them out is not sufficient. Additionally, your spouse cannot be completely disinherited in Minnesota. Your spouse has an elective share right to claim a percentage of your estate even if your will or trust says they get nothing.

California: California allows disinheritance of all family members except spouses. You can completely disinherit your children. But your spouse has a spousal elective share right and cannot be disinherited. California law presumes that explicit disinheritance is valid. If you use clear language stating that you are disinheriting someone, California courts will enforce it.

Texas: Texas allows disinheritance of all family members except spouses. Your spouse has a community property right and cannot be disinherited. Texas also allows a spouse to claim a dower interest. But children can be completely disinherited with explicit language. Texas courts respect explicit disinheritance.

New York: New York allows disinheritance of all family members except spouses. Your spouse cannot be completely disinherited. Children have no right to inherit unless the will or trust provides for them. Explicit disinheritance is respected.

Florida: Florida allows disinheritance of all family members except spouses. Your spouse has an elective share right. Florida requires that if you disinherit someone, you must use explicit language showing that the omission was intentional. Florida courts are skeptical of accidental omissions.

Pretermitted Heir Protections: Some states have "pretermitted heir" statutes that protect children accidentally left out of wills or trusts. Minnesota is one of them. If you have a child and you fail to mention them in your trust (either to provide for them or to disinherit them), the child may have a legal right to claim a share of your estate as a "pretermitted heir." This is why explicit disinheritance language is critical. You must name the child and state that you are intentionally disinheriting them.

All states: In all states, you cannot completely disinherit your spouse. Most states give a spouse an elective share right (typically 25 to 50 percent of the estate) that cannot be waived unless the spouse signs a prenuptial or postnuptial agreement agreeing to waive the right.

The lesson: Your state matters. In your state, check the laws about spousal rights, pretermitted heir protections, and any other restrictions on disinheritance. Consult an estate planning attorney licensed in your state.

The Difference Between Disinheritance and Conditional Inheritance

You do not have to completely disinherit someone. You can also leave them money with conditions attached. This is often a better option than complete disinheritance.

For example, instead of disinheriting your child with a substance abuse problem, you can leave them money in a trust with conditions:

"I leave $100,000 in trust for my son Charles. Charles shall receive income from the trust during his lifetime. Upon his death, the principal shall pass to his children. However, if Charles uses illegal drugs, the trustee may suspend his income distributions until Charles completes a drug rehabilitation program. Upon completion, distributions shall resume."

This approach leaves your child with some inheritance, but protects the money from being spent on drugs. It is often more palatable to the family than complete disinheritance.

Other conditions you can attach to inheritance:

• Education conditions: Money is paid out only if the heir completes a college degree
• Age conditions: Money is paid out when the heir reaches a certain age (30, 40, 50)
• Marriage conditions: Money is paid out only if the heir marries or does not marry
• Sobriety conditions: Money is paid out if the heir remains sober
• Financial responsibility conditions: Money is paid out if the heir demonstrates responsible financial management

Conditional inheritance allows you to exercise some control over your money while still providing for the heir. It is less likely to be challenged than complete disinheritance because it shows that you did not cut them off entirely, just put safeguards on the money.

About the Author

Kurt Altrichter, CRPS, is the founder and Chief Investment Officer of Ivory Hill, LLC, a fee-only fiduciary registered investment advisory firm based in Edina, Minnesota. He specializes in wealth management for business owners and high-net-worth individuals navigating major financial transitions including inheritance, business sales, and retirement plan design. Kurt is an Investment Adviser Representative under Life Inc. Retirement Services.

Kurt works with families on sensitive estate planning decisions, including disinheritance, conditional inheritance, and blended family structures. Ivory Hill provides in-house estate planning services including wills, trusts, powers of attorney, healthcare directives, and real estate retitling. A properly drafted trust with explicit disinheritance language, updated regularly and reviewed by an attorney, can prevent costly will contests and ensure your estate passes exactly as you intend.

To discuss disinheriting a family member or to create a trust with explicit disinheritance language, contact Kurt at kurt@ivoryhill.com or visit ivoryhill.com.

Apply to work with Kurt: https://calendly.com/ivoryhill/discovery

Disclaimer

The information provided in this article is for educational purposes only and should not be construed as personalized legal advice. Disinheritance laws vary significantly by state, and the language and procedures described in this article may not comply with the requirements of your specific state. Disinheritance can trigger will and trust contests, and the steps you take to prevent challenges depend on your specific family circumstances and your state's laws. Before disinheriting a family member or updating your will or trust, consult with an estate planning attorney licensed in your state.

Ivory Hill, LLC is a registered investment adviser. Investment Adviser Representative services offered through Life Inc. Retirement Services.

Last Verified

• Disinheritance rights and restrictions: Verified across Minnesota (pretermitted heir statutes), California, Texas, Florida, New York, and general estate law principles (February 2026)
• Minnesota disinheritance law and spousal elective share rights: Minnesota Statutes Section 524.1-202 (pretermitted heirs), Section 524.2-201 (spousal share) (February 2026)
• Spousal elective share and rights that cannot be waived: Verified across multiple state jurisdictions (February 2026)
• No-contest clause (in-terrorem clause) enforceability and limitations: Verified across state probate codes (February 2026)
• No-contest clauses do NOT prevent validity challenges based on incapacity or undue influence: Verified across multiple jurisdictions (February 2026)
• Will contest standards and challenges to disinheritance: Verified across multiple jurisdictions (February 2026)
• Pretermitted heir statutes and protections for accidentally omitted children: Verified across multiple states including Minnesota (February 2026)
• Mental competence and undue influence standards for trust validity: Verified across multiple states (February 2026)
• Conditional inheritance and trust conditions: Verified across state trust law (February 2026)