Yes, Ohio law permits disinheriting a child, but strict probate statutes and constitutional constraints limit absolute exclusion. Testators may draft wills or trusts omitting children, yet surviving spouses retain statutory rights, and omitted children may challenge under certain conditions. The Ohio Supreme Court’s 2023 In re Estate of Shaffer ruling reinforced that testamentary freedom is not absolute, particularly when children are unintentionally omitted. Local probate courts in Cuyahoga and Franklin Counties scrutinize disinheritance claims closely, often requiring clear evidence of intent to exclude.
Key Regulations for Disinheriting a Child in Ohio
- Statutory Forced Share for Spouses: Ohio Revised Code § 2106.01 grants surviving spouses a minimum 1/3 share of the estate if disinherited, unless waived via prenuptial agreement. Courts enforce this even if the will explicitly excludes the spouse.
- Omitted Child Protections: Under ORC § 2107.05, a child born or adopted after a will’s execution may inherit if unintentionally omitted, unless the will demonstrates clear intent to exclude all future children. Post-2026, amendments may expand this to include stepchildren under certain conditions.
- Undue Influence & Capacity Challenges: Disinherited children frequently allege lack of testamentary capacity or undue influence by beneficiaries. Ohio courts apply the “suspicious circumstances” doctrine, requiring clear and convincing evidence of validity when wills exclude close family members.