Yes, disinheriting a child is legal in New York, but it is subject to strict statutory constraints. New York’s Estates, Powers and Trusts Law (EPTL) § 5-1.1-A and case law impose limits to prevent total disinheritance, particularly for surviving spouses and certain dependents. Courts scrutinize testamentary intent to ensure compliance with public policy, and recent 2026 amendments to EPTL § 5-1.1-B now require explicit disinheritance language in wills to withstand challenges. Testamentary freedom is not absolute; the law prioritizes familial obligations over unconditional exclusion.
Key Regulations for Disinheriting a Child in New York
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Spousal Right of Election (EPTL § 5-1.1-A): A surviving spouse may elect to take at least $50,000 or one-third of the estate, whichever is greater, regardless of the will’s provisions. This right cannot be waived without a valid prenuptial or postnuptial agreement filed with the Surrogate’s Court in the county of domicile.
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Pretermitted Child Statute (EPTL § 5-3.2): If a child is born or adopted after the will’s execution and not provided for, they may inherit an intestate share unless explicitly disinherited in a subsequent codicil. The 2026 update mandates that disinheritance must be reaffirmed in any amendment to avoid ambiguity.
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Dependent Child Protections (SCPA § 1811): Minors or disabled children may petition the court for an elective share if the will fails to provide reasonable support. The Surrogate’s Court evaluates financial need and prior parental obligations, overriding disinheritance if deemed unjust.