Disinheriting a family member is never a light decision. Whether due to estrangement, personal values, or financial concerns, some people choose to leave certain relatives out of their estate plans. But doing so isn’t always as simple as crossing out a name.

In New York, disinheritance is possible—but it must be done carefully and clearly to hold up in court. Here’s what you need to know if you’re considering excluding a spouse, child, or other relative from your will or trust.

The Short Answer: Yes, But It Depends

Yes—you can disinherit most family members in New York, except your spouse in most cases. However, it’s essential to follow proper legal procedures. If your plan is vague or improperly executed, your wishes may be challenged or even overturned.

Who Can Be Disinherited?

Adult children
Grandchildren
Siblings
Parents
Other extended family

These individuals have no automatic legal right to inherit from you unless they are specifically named in your estate plan or benefit under New York intestacy laws (which only apply if you die without a will).

Who Cannot Be Fully Disinherited (Easily)?

Spouses

New York provides strong protections for surviving spouses. Even if your will says your spouse should receive nothing, they can file a “right of election” and claim up to one-third of your estate.

This includes:

Probate assets
Some non-probate assets, like those in a revocable trust

This legal mechanism ensures that spouses aren’t completely cut off, even if the relationship was strained or distant.

To fully disinherit a spouse, you would typically need:

A valid prenuptial or postnuptial agreement waiving their elective share
Careful planning with an experienced attorney

Without it, your disinheritance efforts may be invalidated.

How to Disinherit an Heir Properly

Disinheriting someone takes more than just omitting their name from a will. New York courts favor inclusion and may interpret silence as an oversight.

To make your intent clear:

Name the person explicitly in your will
State that you are intentionally disinheriting them
Avoid vague or emotional language

Example:

“I am intentionally making no provision for my son, John Smith, and any omission is intentional and not the result of oversight.”

This type of language shows clear intent and helps prevent will contests.

Optional: Add a No-Contest Clause

Also known as an “in terrorem” clause, this provision discourages legal challenges by stating that any beneficiary who contests the will forfeits their inheritance.

However:

These clauses are enforceable in New York only under certain conditions
They do not apply to disinherited individuals (since they’re not receiving anything)
They can’t prevent someone from asserting their spousal right of election

Still, they can help preserve your wishes if you’re worried about other heirs being influenced or drawn into conflict.

Common Reasons People Disinherit Family

Estrangement or lack of contact
Financial irresponsibility or addiction concerns
Previous gifts or support provided during life
Different moral or religious beliefs
Desire to support a charity or non-family member instead

Whatever your reason, the law does not require you to justify your choice—but the clearer your plan, the less room there is for dispute.

Alternatives to Full Disinheritance

Sometimes, clients want to reduce a family member’s inheritance without cutting them out entirely. Options include:

Leaving a token amount (e.g., $1,000) to avoid court scrutiny
Placing assets in a trust with conditions
Using a spendthrift trust to prevent misuse by someone with addiction or financial instability

These tools allow for more control while still acknowledging the person’s place in your life.

Special Considerations for Blended Families

In second marriages or blended families, disinheritance questions often arise:

Do you want to leave assets to children from a prior marriage?
Are you concerned your spouse will exclude your kids after your death?

Proper planning is key. A well-structured trust can balance your goals, protect your legacy, and reduce family conflict.

Speak to an Attorney

Disinheriting a family member in New York isn’t just about what you want—it’s about executing it correctly. The Law Offices of Juliet Cohen, P.C. can help you design a clear, enforceable estate plan that reflects your values while minimizing the risk of future legal challenges.

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Juliet Cohen

Attorney at Law Offices of Juliet Cohen, P.C.

Ms. Cohen is an Estate Planning & Elder Law Attorney and member of the American Academy of Estate Planning Attorneys. The American Academy of Estate Planning Attorneys has been recommended by both Suze Orman in her book, 9 Steps to Financial Freedom and Money magazine Read More!