Can a spouse disinherit another spouse in a will?

Q: Who is the only person a testator cannot disinherit?

In many jurisdictions, a spouse is the primary individual who cannot be fully disinherited. Laws often require that a spouse receive a certain portion of the estate, even if the will states otherwise. This right varies by state, but it is generally designed to protect the financial interests of a surviving spouse.

Full question:

Party A and Party B are having marital problems. Party B wants to disinherit Party A in a will. Can Party B disinherit Party A?

Category: Wills and Estates
Date: 04/07/2025
State: Alabama

Answer:

In most states, a spouse cannot be disinherited completely. If both spouses live in a community property state (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin), and only if there's a written community property agreement, the spouse automatically owns half of what was earned during the marriage, unless there is a written agreement to the contrary. However, Party B can do whatever he/she likes with his/her half of the community property and with his/her separate property.

In all other states, there is no rule that property acquired during marriage is owned by both spouses. To protect spouses from being disinherited, these states give your spouse the right to claim 1/4 to 1/2 of your estate, no matter what the will provides. However, this only becomes a factor if the spouse goes to court to challenge the will. If the spouse doesn't object to receiving less than the share set out by law, the will will be honored as written.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who cannot be disinherited?

Certain individuals, such as spouses and minor children, often cannot be completely disinherited in a will. Many states have laws that protect a spouse's right to a portion of the estate, regardless of the will's terms. Similarly, minor children typically have a right to inherit a share of their parent's estate. However, adult children can generally be disinherited unless specific state laws apply.

Who is the only person a testator cannot disinherit?

Can my parents cut me out of their will?

Yes, parents can generally choose to exclude adult children from their wills. However, if you are a minor child, many states have laws that prevent complete disinheritance. If you are concerned about being disinherited, it may be beneficial to discuss your situation with an attorney who can provide guidance based on your state's laws.