Can I Disinherit Family Members?

In Washington, you have broad freedom to decide who inherits your property, which means you generally can disinherit family members, including adult children. But that freedom has limits, especially when it comes to a spouse, and the law sets traps for the unwary that can accidentally undo your intentions. For people in Snohomish County who want to leave someone out of their will, understanding both the freedom and the limits is essential to doing it effectively.

You Have Wide Freedom, With Boundaries

Washington does not force you to leave your property to your children or other relatives. Unlike some legal systems that guarantee heirs a fixed share, Washington has no forced-heirship rule and no elective-share statute requiring you to provide for adult children. As a general matter, you can leave your estate to whomever you choose and disinherit those you do not. That said, the freedom is not unlimited. The two biggest boundaries involve your spouse's community property rights and the rules protecting certain people the law assumes you did not mean to forget.

You Cannot Fully Disinherit a Spouse of Their Community Property

The most important limit concerns your spouse. Because Washington is a community property state, your spouse already owns half of the community property, the property the two of you acquired during the marriage. You cannot give that half away. Under RCW 26.16.030, neither spouse may devise or bequeath by will more than one-half of the community property.

The practical meaning is significant. Your will controls only your own half of the community property, plus your separate property. You can leave your half away from your spouse if you choose, but you cannot reach into and dispose of your spouse's half. So a married person cannot completely disinherit their spouse; the spouse keeps their own half of the community estate regardless of what the will says. Anyone contemplating leaving a spouse out should understand this floor before assuming a will can accomplish a total disinheritance.

The Trap of the Accidental Omission

Even where you are free to disinherit someone, Washington law guards against what looks like an oversight rather than a choice. Two rules in particular catch people who are not careful.

First, there is the omitted child rule. Under RCW 11.12.091, if your will fails to name or provide for a child who is born to you or adopted by you after you signed the will, that child, called an omitted child, may take a share of your estate, unless it appears from the will or other clear and convincing evidence that the omission was intentional. The point is not that you must provide for that child; it is that the law presumes a child who arrived after your will was written was simply forgotten, not deliberately excluded, unless you make your intent clear. If you update your estate plan after a child is born or adopted, or clearly state your intent, you control the outcome. If you do nothing, an after-born child may inherit despite your silence.

Second, there is the omitted spouse rule. Under RCW 11.12.095, if you marry or enter a domestic partnership after signing your will, and the will does not name or provide for your new spouse or partner, that omitted spouse may take an intestate-type share, again unless it appears the omission was intentional or they were otherwise provided for. As with children, the law assumes a spouse acquired after the will was written was overlooked rather than purposely excluded.

The lesson from both rules is the same: marriage, a new child, or an adoption is a signal to revisit your will. An outdated will can give a share to someone you never addressed, simply because the law fills the gap.

How to Disinherit Someone Effectively

Because the law looks for intent, the key to disinheriting a family member is to be clear and deliberate. Vague silence can be read as an accident. A well-drafted will makes the intention unmistakable, naming the person and stating that you have intentionally chosen not to provide for them, so there is no question it was a deliberate decision rather than an oversight. You do not generally need to explain your reasons, and there can be strategic reasons to be careful about how much you say, but the intent to exclude should be plain.

It is also worth anticipating a possible will contest. A disinherited relative may challenge the will, often by claiming you lacked capacity or were unduly influenced. Steps that show the will was made freely and competently, and clear drafting that demonstrates your intent, help your wishes withstand a challenge. This is an area where careful preparation genuinely protects the outcome you want.

A Word About Doing It Thoughtfully

Disinheriting a family member is a significant decision with emotional as well as legal dimensions, and it often surfaces during an already painful time for the family after a death. Beyond getting the legal mechanics right, it is worth considering how the decision will land and whether there are alternatives that better fit your goals, such as leaving a modest bequest, using a trust, or addressing the relationship directly. A thoughtful plan reflects not just who you want to exclude, but how to carry out your wishes in a way that holds up and minimizes conflict.

Get It Right With Help

You have real freedom to decide who inherits from you in Washington, but the limits, especially a spouse's community property share, and the omitted-heir rules can defeat a disinheritance that is not done carefully. If you want to disinherit a family member, or simply make sure your will reflects your true intentions and will withstand a challenge, the Law Office of Chad Foster can help you do it correctly, for families across Snohomish County. Reach out to talk through your situation.