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How To Legally Disinherit Family Members
Business owners and wealthy clients wanting to protect their legacies need legal precision when it comes to their heirs. By Matthew Erskine
KING CHARLES III’ S RECENT DECISION TO STRIP Prince Andrew of his royal titles and evict him from his residence has captured global attention, but it also highlights a reality many families face but without the royal drama: the complex process of disinheritance. Whether you’ re a business owner protecting decades of hard work or a parent navigating difficult family dynamics, understanding how to properly exclude someone from your estate is crucial— and far more complicated than simply leaving them out of your will.
The Business Case for Strategic Disinheritance
In most states, a parent or testator generally has full legal power to disinherit an adult child, as long as the intent is clear and unambiguous in their will or trust instrument. This power extends beyond parent-child relationships to any potential heir, making it a valuable tool for business owners, entrepreneurs and high-net-worth individuals who need to protect their legacy.
But here’ s the critical point most people miss: A simple omission isn’ t enough. The will must specifically identify the child to be excluded and should state that the omission is intentional, not accidental. This requirement exists because courts assume family members were accidentally forgotten rather than deliberately excluded.
Navigating Legal Safeguards 1. Children Born After The Execution Of A Will Most states include robust protections for“ omitted children”— those born or adopted after the testator executes their will. If the testator did not have living children when signing the will, a child born or adopted afterward is generally entitled to a statutory share that mirrors what they would receive if the parent had died without a will or estate, unless the will leaves“ all or substantially all” the estate to the child’ s other parent( a surviving parent takes precedence under the will).
This creates a particular challenge for entrepreneurs and business owners who may start families later in life or find themselves in blended family arrangements. If the testator had living children
DECEMBER 2025 | FINANCIAL ADVISOR MAGAZINE | 53