US-New YorkCan I disinherit my children in New York?
Yes, you can disinherit your children in New York by clearly stating your intent in a valid will—but you cannot disinherit a spouse, who has a legal right to an elective share.
What the Law Says
New York law does not require parents to leave anything to their children — unlike spouses, children have no statutory 'forced share' right. Disinheritance must be intentional and explicit in a validly executed will.
New York is a 'testamentary freedom' state: you may choose to leave nothing to your children, as long as your will is properly signed, witnessed, and expresses clear intent to omit them.
However, you cannot disinherit your spouse. Under New York law, a surviving spouse has the right to claim an 'elective share' — equal to the greater of $50,000 or one-third of the decedent’s net estate — regardless of what the will says.
Also, New York law voids 'no-contest' (in terrorem) clauses when used against beneficiaries who challenge a will on grounds of fraud, undue influence, or lack of capacity — meaning disinherited children may contest the will without automatically losing their inheritance rights (though they’d get nothing if disinherited outright and the will is upheld).
Statutory TextA disposition in a will is not invalid because the testator omits to provide for any person, including a child of the testator.
— Estates, Powers and Trusts Law § 5-1.2 — Dispositions not invalid for omission of person
Statutory TextThe surviving spouse of a decedent who dies domiciled in this state has an elective right to receive… the greater of fifty thousand dollars or one-third of the net estate.
— Estates, Powers and Trusts Law § 5-1.1(a) — Elective share of surviving spouse
What to Do
Execute a valid will under New York law (signed by you and two witnesses, EPTL § 3-2.1).
Include explicit language disinheriting each child by name (e.g., 'I intentionally omit my child, Jane Doe, from this will').
Consult an attorney to ensure clarity and avoid ambiguity that could lead to will contests.
Do not rely on a 'no-contest' clause to deter challenges — NY courts limit their enforceability.
Remember: a spouse cannot be disinherited; consider prenuptial or postnuptial agreements if spousal waiver is intended.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.