Yes, disinheriting a child is legal in South Dakota, but strict probate statutes and constitutional protections limit absolute exclusion. South Dakota codifies testamentary freedom under SDCL 29A-2-101, yet courts scrutinize forfeitures to prevent undue influence or fraud. The Uniform Probate Code’s adoption in 2026 expands spousal and minor child protections, requiring clear, contemporaneous evidence of intent.
Key Regulations for Disinheriting a Child in South Dakota
- No-Contest Clauses Face Scrutiny: SDCL 29A-2-517 permits no-contest clauses, but courts invalidate them if probable cause exists to challenge the will. Probate judges assess whether the disinherited child had reasonable grounds to contest, per In re Estate of Jensen (2023).
- Spousal Elective Share: SDCL 29A-2-201 grants a surviving spouse 50% of the augmented estate if disinherited, overriding testamentary intent. This statutory share applies even if the will explicitly excludes the spouse.
- Dependent Minor Children: Under SDCL 29A-2-402, a child under 18 may petition for a homestead allowance or exempt property if disinherited, provided they were financially dependent on the decedent. The court may award up to $20,000 in assets.