Yes — in New York you can disinherit almost anyone you choose, with one major exception: your surviving spouse. Under the New York Estates, Powers and Trusts Law (EPTL), you are generally free to leave your property to whomever you wish, and you may intentionally leave out children, siblings, parents, or more distant relatives. But a husband or wife you try to cut out of your will can still claim a guaranteed minimum share of your estate through the spousal right of election under EPTL 5-1.1-A. This article explains, in modern plain language, who you can and cannot disinherit in New York in 2026 — and how to make sure your wishes actually hold up.
The Core Rule: New York Favors Testamentary Freedom
New York is a “testamentary freedom” state. That means a properly drafted and executed will is presumed to control how your assets pass at death. If you sign a valid will that names specific beneficiaries, the people you leave out simply do not inherit — they have no automatic right to a piece of your estate just because they are related to you.
This is very different from what happens when someone dies without a will. If there is no will (intestacy), EPTL Article 4 takes over and distributes your property by a fixed statutory formula to your next of kin — spouse, children, parents, and so on — regardless of what you would have wanted. The only reliable way to control who gets nothing is to write a valid will. You can read more about the no-will scenario on our intestacy and dying without a will page.
Who You CAN Disinherit in New York
For everyone except a spouse, New York gives you broad freedom. You may disinherit:
- Adult children — New York has no law forcing you to leave anything to your children, adult or otherwise.
- Minor children — there is no forced inheritance, though courts will not let a will defeat a parent’s separate child-support obligations.
- Grandchildren
- Parents and siblings
- Nieces, nephews, cousins, and more distant relatives
- Anyone else who would have inherited under intestacy
The key is to do it clearly and intentionally. Silence is risky: if you simply omit a person, an heir may later argue the omission was an accident or that you forgot them. Strong drafting names the person and states your intent.
How to Disinherit Someone Properly
| Step | What to do | Why it matters |
|---|---|---|
| 1. Name the person | Identify the disinherited individual by full name | Prevents a “mistake/oversight” challenge |
| 2. State your intent | Add a clause expressly stating they take nothing | Shows the choice was deliberate |
| 3. Avoid the $1 myth | You do not need to leave $1 — a clear exclusion clause is enough | Token bequests can create administrative headaches |
| 4. Execute correctly | Follow EPTL 3-2.1 formalities exactly | A defective will fails entirely, sending you to intestacy |
| 5. Consider a no-contest clause | Discourages litigation by a beneficiary who also receives something | Only works if the challenger has something to lose |
The One Person You Cannot Fully Disinherit: Your Spouse
This is the heart of the question. New York protects surviving husbands and wives through the right of election under EPTL 5-1.1-A. A surviving spouse who is left less than their statutory minimum can “elect against the will” and claim that minimum instead — even if the will leaves them nothing.
In general terms, the elective share is the greater of $50,000 or one-third of the net estate (the “net estate” includes certain assets that pass outside the will, called testamentary substitutes, so the calculation is more involved than just the probate estate). The point for planning is simple: you cannot draft a married person out of their fair share by will alone. If you try, your spouse can override that choice.
There are limited situations where a spouse loses the right to elect — for example, certain forms of abandonment or a valid waiver. The most common and reliable way to alter spousal inheritance rights is a signed waiver in a prenuptial or postnuptial agreement. Without that, the elective share stands. Because the calculation involves testamentary substitutes and current 2026 figures, this is an area where you should not rely on online templates — talk to a New York estate attorney.
Why Proper Execution Is Non-Negotiable
A disinheritance only works if the will itself is valid. New York’s execution rules under EPTL 3-2.1 are strict, and a single misstep can void the entire document — sending your estate to intestacy and handing assets to the very people you tried to exclude. The requirements include:
- At least two attesting witnesses must sign the will.
- Both witnesses must sign within one 30-day period (there is a rebuttable presumption this requirement is met).
- The testator must sign at the end of the will — or direct another person to sign in the testator’s presence.
- The testator must declare the document to be their will (this is called publication).
- The testator must either sign in the witnesses’ presence or acknowledge the signature to each witness, and the witnesses sign at the testator’s request and add their residence addresses.
If you want the full breakdown, see our New York will requirements and will execution pages. The takeaway: a homemade exclusion clause buried in a will that wasn’t signed correctly protects no one.
Keeping Your Disinheritance Current
Life changes — divorces, new children, reconciliations, and estrangements. If you decide later to add a person back in or change how you’ve structured an exclusion, you don’t always need a brand-new will. A properly executed codicil can amend specific terms. Learn more on our codicils and amendments page. Just remember a codicil must meet the same EPTL 3-2.1 formalities as the original will.
One more clarification for modern families: a living will is not a property will. A living will is a health-care and end-of-life directive about medical treatment — it has nothing to do with who inherits your assets. Don’t confuse the two when planning. See our living will page for the difference, and our will drafting overview for the big picture.
Frequently Asked Questions
Can I disinherit my adult child in New York?
Yes. New York does not require you to leave anything to your children. To make it stick, name the child in the will and include a clear clause stating they are intentionally excluded.
Can I completely disinherit my spouse?
No — not by will alone. A surviving spouse can invoke the right of election under EPTL 5-1.1-A to claim the greater of $50,000 or one-third of the net estate. The reliable way to limit spousal rights is a signed prenuptial or postnuptial waiver.
Do I have to leave someone $1 to disinherit them?
No. The “leave them a dollar” idea is a myth. A clear, intentional exclusion clause naming the person is what protects your wishes.
What happens to the person I disinherited if my will is found invalid?
If the will fails, New York’s intestacy rules (EPTL Article 4) apply, and your property is distributed to next of kin by statute — which may include the very person you tried to exclude. That’s why correct EPTL 3-2.1 execution is essential.
Talk to a New York Estate Planning Attorney
Disinheritance done wrong can collapse an entire estate plan — or trigger years of Surrogate’s Court litigation. Done right, it gives your family clarity and protects your wishes. At Morgan Legal Group, Russel Morgan, Esq. helps New Yorkers draft wills that say exactly what they mean and survive challenge.
Ready to put your wishes in writing? Schedule a 30-minute consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: key things to know about writing a will.