Families sometimes ask how to leave someone out of a will without confusion or court fights. That is where a disinheritance clause comes in. At Casey Lundregan Burns, P.C., we have guided Massachusetts families for over 90 years through practical planning that reflects real life, not theory.
This article explains what a disinheritance clause is, how it works in a will or trust, and the guardrails Massachusetts law puts around it.
What is a Disinheritance Clause?
A disinheritance clause is a line in a will or trust that intentionally excludes a named person from receiving property from your estate. It tells the court and your personal representative that the omission is no accident.
In short, it blocks someone who would otherwise inherit under your will or under intestacy from receiving any share. In Massachusetts, you have wide freedom to decide who gets your property, subject to a few limits that protect a surviving spouse and certain after-born children.
Reasons for Including a Disinheritance Clause
People choose to disinherit for all sorts of personal reasons. The goal is clarity, fairness to others you wish to help, and peace for the family later.
Strained Family Relationships
Estrangement, deep conflict, or a long history of no contact can lead someone to exclude a relative. Writing it down avoids arguments over whether the omission was a mistake.
Financial Irresponsibility
If a potential heir struggles with debt, gambling, or substance abuse, leaving assets outright can do harm. Some clients either disinherit or use a trust with guardrails instead of a lump sum.
Prior Financial Support
Maybe one child already received substantial help, like a home down payment or years of tuition. A clause can reflect that earlier support and direct the remaining estate elsewhere.
Differing Values or Lifestyle Choices
Sometimes, a deep value clash leads to a hard choice. A clear clause prevents future claims that the person was forgotten.
Protecting Other Beneficiaries
Disinheritance can protect a spouse, a minor, or a child with special needs who depends on long-term resources. Directing assets toward care can be an act of protection, not punishment.
Legal Limitations on Disinheritance in Massachusetts
Freedom to choose comes with limits that the courts will enforce. The two big topics are spousal rights and the rules for children you did not intend to omit.
Spousal Rights and Elective Share
Massachusetts law prevents complete spousal disinheritance surviving spouse can claim an elective share even if the will leaves them nothing.
The elective share is typically a fraction, often one-third, with details that depend on the makeup of the estate and whether there are descendants. The surviving spouse must file a timely claim to receive it.
Children and Other Relatives
In Massachusetts, you can disinherit adult children and other relatives, but your intent must be clear and explicit in the will. Vague wording invites a fight you probably do not want.
The pretermitted child statute protects children born or adopted after you signed the will who were unintentionally left out. Those children can receive a share unless the will shows the omission was intentional or other exceptions apply.
Here is a quick snapshot of how these protections play out across common relationships:
| Relation | Can they be fully disinherited? | Protection | Notes |
| Spouse | No | Elective share | Often around one-third. |
| Adult child | Yes | None of the intent is clear | Use explicit disinheritance language. |
| After-born or after-adopted child | Not if unintentionally omitted | Pretermitted child statute | Shares are granted unless an exception applies. |
| Parents, siblings, extended family | Yes | None | Clear drafting still helps avoid disputes. |
This table is a guide, not a substitute for a review of your family and assets. A short meeting often prevents a long court problem later.
How to Implement a Disinheritance Clause
Good drafting reduces risk. The more direct you are, the less room there is for misunderstanding or litigation tactics.
- State your intent plainly, and name the person you are excluding.
- Update beneficiary designations and trusts so everything matches.
- Follow Massachusetts execution rules, including two witnesses for a will.
After these steps, review the plan after major life changes, like marriage, divorce, birth, or a new home purchase.
Clear and Explicit Language
Use direct wording that leaves no doubt. For example, you could write, “I intentionally and specifically disinherit my son, John Doe, and he shall receive no assets from my estate.”
Name the person and the relationship. Broad phrases like “anyone not mentioned here gets nothing” are not strong enough.
Avoiding Ambiguity
Do not rely on silence or hints. If you want to exclude a person, say it in plain English, then align your beneficiary forms and account titles to match.
Consultation with an Attorney
Work with a Massachusetts estate planning attorney to keep the clause valid and enforceable under state law. Small wording tweaks and proper execution can make a big difference in court.
Potential Challenges to a Disinheritance Clause
Even a clean clause can be tested in probate. Courts look at capacity, influence, and whether the documents were executed correctly.
Lack of Testamentary Capacity
A disinherited person might claim you did not understand what you were signing or the nature of your assets. Medical records and witness testimony often decide this issue.
Undue Influence
A challenger can claim someone pressured you to cut them out. Patterns like isolation, sudden changes, and a beneficiary who controlled access to you can fuel this claim.
Improper Execution
Wills must meet Massachusetts signing and witnessing rules. Gaps in formalities can open the door to a contest that otherwise would not exist.
Public Policy
A clause that punishes someone for protected characteristics can be vulnerable. Courts will not enforce terms that clash with public policy.
Strategies to Prevent Challenges
You cannot stop someone from filing a case, yet you can reduce the odds of a win against your plan. The goal is to build a file that shows clear intent and a clean process.
Documenting Reasons for Disinheritance
A brief, neutral statement can help, such as acknowledging earlier lifetime gifts or a long estrangement. Keep it factual and avoid emotional jabs that invite side issues.
Medical Evaluation
Getting a capacity evaluation close to the signing date can blunt future claims about cognition. A simple doctor’s letter placed with the will often carries real weight.
No-Contest Clause
A no-contest clause, sometimes called in terrorem, penalizes a beneficiary who challenges and loses. Massachusetts courts recognize these clauses, subject to state law and public policy limits, so they can be a useful deterrent when paired with a modest bequest.
Beyond those points, a few practical habits keep the record clean.
- Sign the will and trust in one sitting with disinterested witnesses.
- Avoid having a main beneficiary in the room during your attorney meetings.
- Align nonprobate assets, such as payable-on-death accounts, with the plan.
Do You Need Help with Estate Planning in Massachusetts?
If you are weighing a disinheritance clause, you are not alone, and you are not the first to wrestle with it. At Casey Lundregan Burns, P.C., our firm has helped Massachusetts families write clear plans for three generations. Feel free to call us at 978-878-3519 or reach us through our Contact Us page. We welcome your questions and work hard to deliver plans that reflect your goals and protect the people you care about.
The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.