To remove someone from your will, sign a new will (or a codicil) that names the person and states plainly that you intend to leave them nothing, execute it with the same witnessing formalities as the original, and destroy every copy of the old will. Crossing out a name, tearing out a page, or simply leaving the person unmentioned will not do it, and any of those shortcuts can hand the disinherited person the opening they need to challenge your estate in court.
Write a New Will or Add a Codicil
You have two options. A codicil is a separate document that changes specific provisions and leaves the rest of the will intact. It works for small adjustments. Disinheriting someone is not a small adjustment. A codicil sitting alongside the original gives a probate judge two documents to reconcile and gives the disinherited person more room to argue your intentions were unclear.
The cleaner approach is a brand-new will that expressly revokes all prior wills and codicils. When a new will makes a complete disposition of your estate, courts presume it replaces rather than supplements the earlier version. One document, one set of instructions.
Use Explicit Disinheritance Language
This is where do-it-yourself attempts fall apart. Leaving someone’s name out of your will does not disinherit them. Under what are known as pretermitted heir statutes, if a child or other close relative does not appear in the will, a court may treat the omission as an accident and award that person the share they would have received if you had died without a will at all.1Legal Information Institute. Pretermitted Heir The only reliable way to defeat that presumption is to show, on the face of the will itself, that you meant to leave them nothing.
Include a disinheritance clause that names the person and states you are making no provision for them. Something like: “I intentionally make no provision for my son, John Doe, and it is my express wish that he receive no part of my estate.” You do not have to give a reason, and in most cases you should not. Spelling out your reasoning just gives the other side something to argue about. Keep it short, clear, unmistakable.
Follow the Signing Formalities
A new will or codicil is only valid if you sign it with the same formalities required for the original. You, the testator, must sign the document in the physical presence of witnesses. Most jurisdictions require two witnesses who are not beneficiaries under the will.2Legal Information Institute. Wills – Signature Requirement Both witnesses must watch you sign and then sign the document themselves.
Add a self-proving affidavit for an extra layer of protection. It is a sworn statement, signed by you and your witnesses before a notary public, confirming the will was properly executed. Nearly every state recognizes self-proving affidavits, and they streamline probate by removing the need for your witnesses to appear in court later to verify their signatures.3Legal Information Institute. Self-Proving Will Disinheritance cases invite scrutiny, so the extra step is worth it.
Destroy the Old Will
Once the new will is signed and witnessed, physically destroy every copy of the old one. The new will revokes the old one by its own terms, but leaving the old document around creates problems. If the original new will is ever lost or damaged, an old copy in a drawer or a lawyer’s filing cabinet could be offered to the court as your real wishes.
The law recognizes revocation by physical act, including burning, tearing, or obliterating the document.4Legal Information Institute. Revocation of Will by Act Do it yourself, or have someone do it in your presence and at your direction. Courts apply a presumption of revocation when an original will cannot be found after the testator’s death, and that presumption works in your favor only if there are no old copies undermining it.
Build Defenses Against a Will Contest
Disinherited people challenge wills. Expect it, and build your defenses now rather than hoping your executor sorts it out later. The common grounds are lack of testamentary capacity (you did not understand what you were signing), undue influence (someone pressured you), and improper execution (the signing formalities were not followed).
Document Your Mental Capacity
Testamentary capacity means you understand four things: what property you own, who your close relatives are, what your will does with your property, and how those choices affect the people involved. The bar is not high, but it is the first thing a disgruntled heir’s attorney will attack, especially if you are older or have any history of cognitive issues. Consider getting a letter from your physician around the time you sign the new will confirming that you are mentally sharp. That letter can be strong evidence against a capacity challenge years later.
Consider a No-Contest Clause
A no-contest clause, also called an in terrorem clause, strips a beneficiary of their inheritance if they challenge the will and lose. The catch: it only works as a deterrent if the person actually stands to lose something. Disinherit someone entirely and a no-contest clause gives them nothing at stake. The common workaround is to leave the person a modest bequest and attach the no-contest clause, so they have to choose between accepting the smaller gift and risking it entirely.5Legal Information Institute. In Terrorem Clause
These clauses are enforceable in most states, though courts interpret them narrowly. A handful of states will not enforce them at all, and many refuse to enforce them when the contestant had probable cause for the challenge.5Legal Information Institute. In Terrorem Clause Ask an estate attorney in your state before relying on one.
Use an Attorney and Keep Records
A will drafted by an experienced estate attorney is substantially harder to challenge than one you wrote yourself. The attorney can testify about your state of mind, explain why specific choices were made, and confirm no one else was in the room pressuring you. Keep contemporaneous notes about why you are making the change. You do not need to put the reasons in the will, but a written record your attorney can reference helps defeat both capacity and undue influence claims.
Limits on Disinheriting a Spouse
Your ability to disinherit a spouse is limited by law in every state. The specifics depend on whether you live in an elective share state or a community property state.
Elective Share States
Most states give a surviving spouse the right to reject whatever the will provides and claim a fixed percentage of the estate instead. This is called the elective share, or “taking against the will.” The traditional amount is one-third of the probate estate, though some states set it higher and others use a sliding scale based on the length of the marriage.6Legal Information Institute. Elective Share The only reliable way to prevent a spouse from claiming the elective share is a valid prenuptial or postnuptial agreement in which the spouse waives that right.
Community Property States
Nine states use a community property system: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In those states, each spouse already owns half of all property acquired during the marriage. You can only give away your half in your will. The surviving spouse’s half was never yours to disinherit them from. Some community property states also let a surviving spouse claim an additional share of separate property under certain circumstances.
Limits on Disinheriting Children
You can generally disinherit adult children, provided you do it explicitly. Pretermitted heir statutes are the main trap. If the will does not mention the child at all, the court may assume you forgot and award the child an intestate share.1Legal Information Institute. Pretermitted Heir Those statutes typically apply to children born or adopted after the will was written, but the safest practice is to name every child in your disinheritance clause regardless of when they were born.
Minor children are different. Parents have a legal duty to support children who cannot support themselves, and courts take that seriously. A will that leaves a minor child with nothing can be challenged to ensure the child’s basic needs are met. If you have minor children you want to disinherit, expect a court to push back.
Removing an Ex-Spouse After Divorce
If you are removing an ex-spouse, you may already have some protection. In nearly every state, a final divorce automatically revokes provisions in your will that benefit your former spouse. The will is read as if your ex-spouse died before you, so their share passes to alternate beneficiaries or through the residuary clause. This automatic revocation typically extends to your ex-spouse’s relatives as well.
Do not rely on that as your only plan. Federal law preempts state revocation statutes for certain assets, including employer-sponsored retirement plans and some life insurance policies. If your ex is still the named beneficiary on a 401(k) or pension, the plan administrator will pay them regardless of what your state’s divorce revocation law says. Update those beneficiary designations directly, and draft a new will that reflects your current wishes.
Update Non-Probate Assets and Trusts
Changing your will only controls property that passes through probate, meaning property titled solely in your name. A large share of most people’s wealth passes outside the will through beneficiary designations. Life insurance policies, retirement accounts, and bank accounts marked “payable on death” or “transfer on death” go directly to whoever is named on the form, and your will cannot override those designations.
To finish the job, contact each financial institution and update every beneficiary designation form. This step is easy to overlook and impossible to fix after death.
If you have a revocable living trust, the same logic applies. Trust assets are not governed by your will. To remove a beneficiary from a trust, the standard approach is to amend and restate the trust document rather than revoking it and starting over. An amendment and restatement creates a new version of the trust that keeps the original date and avoids the hassle of re-transferring every asset into a new trust. Do not make handwritten changes to a trust document and assume they will hold up. If you created the trust jointly with a spouse, both of you must agree in writing to any changes.