Yes — in most cases, you can disinherit someone in a New York will. New York gives you broad freedom to decide who receives your property after death, and that includes leaving out a child, a sibling, a more distant relative, or a friend. There is, however, one major exception that surprises many first-time will-makers: you generally cannot fully disinherit a surviving spouse. New York protects spouses through a rule called the spousal right of election (EPTL 5-1.1-A), which lets a surviving husband or wife claim a minimum share of your estate no matter what your will says. This essentials guide walks you through the basics in plain language, so you understand what you can and can’t do — and how to make your wishes hold up.
If you are creating your first will, take a breath: this is more straightforward than it sounds. Once you know the one big rule about spouses, the rest is about being clear, intentional, and properly executing your document under New York law.
The General Rule: You Have Wide Freedom
A will is your instruction sheet for who inherits your property. New York follows the principle of testamentary freedom, which simply means the law respects your choices. You are not required to leave anything to:
- Adult children
- Minor children (though courts may protect them in other ways)
- Parents or siblings
- Grandchildren, nieces, nephews, or cousins
- Friends, partners you are not legally married to, or anyone else
There is no law in New York that forces you to give an equal share to each child, or any share at all to a particular relative. If you want to leave your entire estate to one child, to a charity, or to a friend, you can.
That freedom only works if your will is valid. A will that is poorly drafted or improperly signed can be challenged — and a challenge is the most common way an “intended” disinheritance falls apart. Learn more on our will drafting overview page.
The One Big Exception: Your Spouse
Here is the rule every first-time will-maker should remember. Under the spousal right of election (EPTL 5-1.1-A), a surviving spouse may “elect against” the will and claim a minimum share of the estate, even if the will leaves them nothing or very little. The purpose is to prevent a married person from cutting their husband or wife out entirely.
In practical terms, this means a clause that says “I leave nothing to my spouse” does not, by itself, work. The surviving spouse can step forward, file the proper election in Surrogate’s Court, and take their statutory share instead of what the will provides.
There are limited situations where a spouse may lose the right of election — for example, certain forms of marital misconduct or a valid waiver — but these are narrow, fact-specific, and not something to assume. Because the rules and the math behind the elective share can be technical, this is exactly the kind of decision to review with an attorney rather than guess at.
Essentials takeaway: You can disinherit almost anyone in New York — but a legally married spouse has protected rights you cannot simply write away in the will itself.
Who You Can and Cannot Easily Disinherit
| Person | Can you disinherit them in your will? |
|---|---|
| Adult child | Yes |
| Minor child | Generally yes (other protections may apply) |
| Sibling, parent, cousin | Yes |
| Friend or unmarried partner | Yes — they inherit only if you name them |
| Surviving spouse | No — protected by the right of election (EPTL 5-1.1-A) |
This table is a simplified, essentials-level summary. Your individual circumstances — blended families, prior marriages, jointly owned property — can change the picture, so treat it as a starting point.
How to Disinherit Someone the Right Way
Wanting to leave someone out is easy. Doing it so the disinheritance actually holds requires a properly drafted and properly executed will. Here is the essentials checklist.
1. Name the person — don’t just stay silent
Counterintuitively, the safest way to disinherit a relative is often to mention them. A clear statement that you have intentionally chosen not to provide for a specific person removes the argument that you simply forgot them. Silence can invite a will contest claiming you “overlooked” a child or relative.
2. Execute the will correctly under EPTL §3-2.1
A disinheritance only sticks if the will itself is valid. New York’s execution rules under EPTL §3-2.1 require:
- At least two attesting witnesses.
- Both witnesses must sign within one 30-day period (the law presumes this requirement is met, a rebuttable presumption).
- The testator signs at the end of the will (or another person may sign in the testator’s presence and at their direction).
- The testator must declare the document to be their will (this is called publication).
- The testator either signs in the witnesses’ presence or acknowledges the signature to each witness; the witnesses sign at the testator’s request and add their residence addresses.
Miss one of these steps and the entire will — including the disinheritance you carefully wrote — can be thrown out. See our detailed pages on New York will requirements and will execution.
3. Keep it current with a codicil — or a new will
If your relationships change, your will should change too. A small update can be made with a codicil (a formal amendment), which must be signed with the same formalities as the original will. For bigger changes, a fresh will is often cleaner. Our codicils and amendments page explains the options.
4. Don’t rely on intestacy to do your work
If you die without a valid will, New York’s intestacy rules (EPTL Article 4) decide who inherits — and those rules favor your closest next of kin, often including the very people you hoped to leave out. Disinheritance is something you do affirmatively in a will; it is not the default. The state’s plan, explained on our intestacy / no will page, will not honor unwritten intentions.
A Quick Note on “Living Wills”
First-timers often confuse two very different documents. A will (the kind discussed here) directs who receives your property after death and must be admitted to probate in Surrogate’s Court. A living will is a completely separate health-care document that states your end-of-life and medical treatment wishes while you are alive — it has nothing to do with disinheritance or property. Don’t conflate them. You can read more about the health-care document on our living will page.
Frequently Asked Questions
Can I disinherit my child in New York?
Yes. New York does not require you to leave anything to a child, whether adult or minor. The clearest approach is to name the child in your will and state that the omission is intentional, so no one can claim you simply forgot them.
Can I completely disinherit my spouse?
Generally no. Under the spousal right of election (EPTL 5-1.1-A), a surviving spouse can claim a minimum statutory share of your estate by electing against the will, even if the will leaves them nothing. Limited exceptions and waivers exist, but you should not assume they apply.
Does writing “I leave nothing to [name]” actually work?
For most relatives, a clear and intentional statement works and helps prevent a “forgotten heir” challenge. For a spouse, such a clause does not override the right of election — the spouse can still claim their protected share.
What happens if I die without a will?
New York’s intestacy laws (EPTL Article 4) distribute your property to your next of kin in a fixed order. You cannot disinherit anyone through intestacy; only a valid will lets you control who inherits.
Talk Through Your Plan With Morgan Legal Group
Disinheritance is one of the most sensitive — and most challenged — parts of estate planning. A clear, properly executed will is the difference between your wishes being honored and your family fighting it out in Surrogate’s Court. At Morgan Legal Group, we help New Yorkers across the state draft wills that say exactly what they mean and stand up to scrutiny.
Ready to put your wishes in writing? Schedule a consultation with Russel Morgan, Esq. to review your situation and build a plan that holds.
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This article is an essentials-level overview for general information and is not legal advice. For guidance on your specific situation, consult a qualified New York estate planning attorney.
Further reading from Morgan Legal Group: the last will and testament in New York.