When creating an estate plan, many parents assume their assets will automatically pass to their children. But what happens if a parent wants to leave a child out of their will? In Massachusetts, disinheriting a child is legally possible in many situations—but there are important rules and limitations to understand.

At Chaves Estate Planning LLC, we provide legal assistance to the Raynham public and help families make informed, legally sound decisions about their estate plans.

Understanding Testamentary Freedom in Massachusetts

Massachusetts law generally allows individuals to decide how their assets will be distributed after death. This concept is known as “testamentary freedom.” In most cases, you can choose who receives your property—and who does not.

If you want to disinherit a child, your estate planning documents must clearly reflect that intention. Courts will typically honor a properly drafted will or

trust that explicitly leaves a child out.

However, the situation can differ depending on the child’s age and whether they are financially dependent.

Disinheriting an Adult Child

In Massachusetts, you may disinherit an adult child. The key is clarity. If your will simply fails to mention one of your children, it may create confusion or lead to a challenge in probate court.

To reduce the risk of disputes, many estate planning attorneys recommend including specific language that acknowledges the child and states that you intentionally choose not to leave them an inheritance. This makes your intent unmistakable and can help prevent claims that the omission was accidental.

What About Minor Children?

Disinheriting minor children is more complicated. While you can structure your estate plan in various ways, Massachusetts law prioritizes the financial support and well-being of minor children.

If a minor child is left without adequate support, a court may intervene, especially if there are no other financial resources available for the child’s care.

Additionally, if you die without a valid will (intestate), state law dictates how assets are distributed—and children typically receive a share.

Parents of minor children should approach this issue carefully and consider both legal and practical consequences.

The Role of a Surviving Spouse

It is important to distinguish between children and spouses under Massachusetts law. While you may disinherit an adult child, a surviving spouse has stronger legal protections. Massachusetts law provides a spousal elective share, which allows a spouse to claim a portion of the estate even if the will attempts to leave them out.

Although this protection does not apply to children in the same way, estate planning decisions often affect the entire family dynamic. Understanding how these rules interact is critical.

Preventing Will Contests and Family Disputes

Disinheriting a child can increase the likelihood of a will contest. Common grounds for challenging a will include claims of undue influence, lack of capacity, or improper execution.

To reduce the risk of disputes:

• Ensure your will or trust is properly drafted and executed.
• Clearly state your intentions.
• Consider discussing your decision with your family, when appropriate.
• Work with an experienced estate planning attorney to structure your plan carefully.

Some individuals also use revocable living trusts as part of a broader estate strategy, which can help streamline the administration process and provide additional clarity.

Alternatives to Full Disinheritance

In some cases, parents may not want to completely disinherit a child but instead limit or control how assets are distributed. Options may include:

• Leaving a smaller share.
• Creating a trust with conditions or staged distributions.
• Establishing a special needs trust if the child has disabilities.
• Providing lifetime gifts instead of inheritance through a will.

A thoughtful estate plan can address unique family circumstances while still reflecting your wishes.

The Importance of Proper Estate Planning

If you attempt to disinherit a child without proper legal guidance, mistakes can lead to costly probate litigation. Ambiguous language, outdated documents, or failure to follow Massachusetts execution requirements can undermine your intentions.

At Chaves Estate Planning LLC, we help clients in Raynham and throughout Massachusetts create comprehensive estate plans that reflect their goals while complying with state law. Whether you are considering disinheriting a child or simply want to ensure your wishes are clearly documented, careful planning is essential.