Can I Disinherit a Child in Massachusetts?

Estate planning allows individuals to decide how their assets will be distributed after death. One common question many parents ask is whether they can legally disinherit a child in Massachusetts. While the answer is generally yes, the process must be handled carefully to avoid unintended consequences.

At The Law Office Of Kempton P Giggey, we can provide legal assistance to the Tyngsborough public in creating clear and enforceable estate plans.

What Does It Mean to Disinherit a Child?

Disinheriting a child means intentionally choosing not to leave that child any portion of your estate through your will or estate plan. This can be done for many personal reasons, but it must be clearly stated in your legal documents.

In Massachusetts, a child does not automatically have a right to inherit from a parent, which means disinheritance is legally possible.

Is It Legal to Disinherit a Child in Massachusetts?

Yes, Massachusetts law generally allows a parent to disinherit an adult child.  However, there are important legal requirements to follow.

Simply leaving a child out of your will is not enough. The omission could be interpreted as accidental, which may lead to legal challenges. Instead, your will should clearly state that you intentionally disinherit the child.

The Importance of Clear Language in Your Will

To avoid disputes, your intent must be explicit. Courts may assume that an omitted child was forgotten rather than intentionally excluded unless the will clearly says otherwise.

Including a direct statement—often called a disinheritance clause—helps ensure your wishes are honored and reduces the likelihood of litigation.

What Is the “Omitted Child” Rule?

Massachusetts law includes protections for children who are unintentionally left out of a will. Under the “omitted child” statute, a child born or adopted after a will is created may still receive a share of the estate if not properly addressed.

In some cases, even a child who was alive when the will was signed could claim a share if there is evidence the omission was accidental.

This is why precise drafting is critical—failure to clearly disinherit a child can override your intentions.

What Happens If You Don’t Have a Will?

If you pass away without a valid will, Massachusetts intestacy laws determine how your assets are distributed. Typically, children are among the primary beneficiaries under these rules.

This means that without proper estate planning, a child you intended to disinherit may still inherit part of your estate.

Are There Any Exceptions?

While parents can disinherit children, certain legal protections may still apply in limited situations:

• Minor children may have rights related to financial support.
• After-born or adopted children may be protected under the omitted child statute.
• Spouses cannot be fully disinherited due to elective share laws (though this does not apply to children).

How to Properly Disinherit a Child

To effectively disinherit a child in Massachusetts, consider the following steps:

• Clearly name the child in your will
• State explicitly that the child is intentionally disinherited
• Update your estate plan regularly, especially after major life events
• Work with an attorney to ensure your documents comply with Massachusetts law

Proper planning can help prevent disputes and ensure your wishes are carried out as intended.

How Legal Guidance Can Help

Disinheriting a child can be emotionally and legally complex. Mistakes in drafting your will can lead to costly probate disputes or unintended distributions.

At The Law Office Of Kempton P Giggey, we assist clients in Tyngsborough with creating legally sound estate plans tailored to their goals. Whether you are updating a will or creating one for the first time, having proper guidance can make a significant difference.