Disinheriting a Child in California: What You Need to Know

Disinheriting a child is one of the most emotionally difficult—and legally sensitive—decisions a parent can make. In California, where probate and estate laws aim to protect heirs and ensure fairness, the act of excluding a child from your will or trust requires careful planning.

Whether you’re considering disinheritance due to estrangement, financial reasons, or family dynamics, here’s what you need to know about disinheriting a child in California—and how to do it legally and effectively.

✅ Is It Legal to Disinherit a Child in California?

Yes, California law allows parents to disinherit an adult child. Unlike a spouse, children (especially adult children) do not have a legal right to inherit unless the parent dies intestate (without a will or trust).

However, disinheritance must be done clearly and intentionally to be enforceable—and to avoid costly disputes in California Probate Court.

🛑 Common Mistake: Leaving a Child Out Without Explanation

One of the most common estate planning errors is simply failing to mention a child in a will or trust. In California, if a parent dies and one child is not named at all, that child may be considered an “omitted child” under California Probate Code §21620–§21623, and could have the right to claim a share of the estate—even if the omission was intentional.

💡 How to Properly Disinherit a Child in California

To effectively disinherit a child, especially in a way that will hold up in probate court, follow these legal best practices:

1. Explicitly Name the Child in Your Estate Plan

Don’t just leave them out—mention the child by name and make it clear that you are intentionally disinheriting them.

Example:

“I have intentionally and with full knowledge omitted my son, John Smith, from this Will. He shall receive nothing from my estate.”

2. Use Clear, Direct Language

Avoid vague or emotional wording. Be factual and unambiguous. This reduces the chance that the child can argue the omission was a mistake.

3. Consider a Nominal Gift or “No-Contest Clause”

Some parents leave a small amount—say, $1 or a token sum—and include a no-contest clause, which states that if the disinherited child challenges the will or trust and loses, they forfeit their gift.

⚠️ Note: No-contest clauses are enforceable in California under certain conditions (see California Probate Code §21310–§21315), but they are not foolproof and don’t prevent all challenges.

4. Work with an Experienced Estate Planning Attorney

Because disinheritance is likely to raise eyebrows or disputes, you’ll want an estate plan that:

• Clearly explains your intent

• Is properly executed under California law

• Avoids ambiguity that could lead to a will contest

Your attorney may also suggest including a written explanation (kept private) to support your decision, which can be helpful in court if challenged.

🔎 Can a Disinherited Child Contest a Will or Trust?

Yes—but successfully contesting a will or trust in California is difficult. They would need to prove:

• The parent lacked mental capacity

• The estate plan was the result of undue influence, fraud, or duress

• The disinheritance was a mistake or accidental omission

This is why clarity and proper drafting are key to avoiding courtroom battles.

👶 What About Minor Children?

While you can disinherit an adult child, minor children (under 18) must still be supported. Disinheriting a minor doesn’t relieve a parent of child support or other legal obligations during the parent’s lifetime.

📑 What Happens If You Don’t Have an Estate Plan?

If you die without a will or trust in California, the state’s intestate succession laws will apply. That usually means your children—whether estranged or not—will inherit a share of your probate estate. This is why disinheritance must be done through a valid estate plan, such as a trust or will.

Final Thoughts

Disinheriting a child in California is legal—but it must be done deliberately, carefully, and with the help of an experienced attorney. A poorly worded will or trust can be challenged, leading to long and expensive court proceedings in California Probate Court.

If you’re considering disinheriting a child—or protecting your estate from disputes—it’s essential to plan ahead and put your intentions in writing the right way.

Need help drafting a clear and legally sound estate plan?

We help California families navigate tough decisions like disinheritance, always with a focus on avoiding conflict and protecting your legacy. Contact us today for a confidential consultation.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.