When planning your estate, one of the more sensitive topics you may face is deciding whether to disinherit a family member. You might have heard that leaving someone $1 in your will is the "proper" way to cut them out. This old piece of advice still circulates today, but it's simply not true under New York law.
Improperly disinheriting someone can open the door to legal challenges that delay the distribution of your estate, drain its resources, and cause unnecessary conflict among your loved ones.
Here’s what you need to know about disinheriting someone in a New York estate plan — and how to do it correctly.
The Myth About Leaving $1
The idea of leaving $1 comes from a time when courts wanted clear evidence that an omission from a will was intentional, not accidental. A small gift was a way to show that the testator had thought about the person and deliberately chose not to leave them more.
Today, New York law assumes that a properly executed will reflects your true intentions. You no longer need to leave a nominal gift to make disinheritance clear.
Leaving $1 can create unnecessary problems by giving the disinherited person status as a beneficiary, which could allow them to challenge the will or slow down the probate process.
What New York Law Says
In New York, the Estates, Powers, and Trusts Law (EPTL) sets the rules for wills and estates. EPTL § 3-2.1sets the rules for valid will execution. As long as your will is properly signed, witnessed, and follows the law, the court willenforce it — including the omission of a person you wish to disinherit.There is no legal requirement under the EPTL to leave a token gift to someone you intend to disinherit.
The best way to disinherit someone is to name them and state your intention clearly. For example: For example:
"I have intentionally and with full knowledge omitted my son, John Doe, from my will, and he shall receive no part of my estate."
This type of language leaves no doubt about your wishes.
Special Rules for Disinheriting a Spouse
While you can generally disinherit adult children or relatives, New York law does not allow you to completely disinherit a surviving spouse without special planning.
Under EPTL § 5-1.1-A, a surviving spouse has a "right of election," allowing them to claim a portion of the estate — typically about one-third — even if the will leaves them nothing.
If you wish to limit what a spouse receives, you must take additional steps, such as creating a prenuptial or postnuptial agreement or using specific estate planning strategies.
How to Properly Disinherit Someone in New York
1. Be Clear and Specific in Your Will
Name the person you wish to disinherit and clearly state that you are intentionally excluding them. Avoid vague language that could cause confusion.
2. Update Your Estate Planning Documents Regularly
Life changes — marriages, divorces, births, deaths — can affect your estate plan. Regular reviews help ensure your documents reflect your wishes and prevent accidental inheritances.
3. Protect Against Elective Share Claims
If you wish to limit a spouse’s share, work with your attorney to plan around the elective share. You may need to use trusts, lifetime gifts, or agreements to protect your estate.
4. Understand Children’s Rights
In New York, adult children have no automatic right to inherit if they are disinherited in a valid will. However, minor children have special rights to support, and accidental omissions can be challenged. Clear language is critical to avoid confusion or contests.
5. Use Trusts for Added Protection
Trusts can be a powerful tool for disinheriting someone:
- Assets in a trust pass outside probate.
- Trust terms are private and harder to challenge.
- You can control distributions more tightly than with a will.
An experienced estate planning attorney can advise whether a trust should be part of your disinheritance strategy.
Protect Your Wishes with a Strong Will
Disinheriting someone is a serious decision. With clear language, proper planning, and the correct legal strategies, you can ensure your wishes are honored and your loved ones are protected from unnecessary disputes.
If you’re updating your will or creating a new estate plan, our experienced estate planning attorneys can help. Schedule a consultation today to create a solid estate plan that minimizes disputes.