New York Disinheritance Rules: Who Can Be Cut Out of Wills

What Happened

A New York estate planning attorney recently clarified the state's disinheritance laws in a blog post published April 30, 2026. The attorney explained that New York allows individuals to completely disinherit their children and other family members from their wills, but provides strong protections for surviving spouses. Under New York law, a surviving spouse cannot be entirely excluded from an estate and maintains the right to claim 33%EPTL § 5-1.1-A(a)(2), (b)(1), (d)(1), (e)(2)Verified Sep 15, 2026View source of the deceased spouse's net estate through the spousal right of election.

The attorney emphasized that disinheritance decisions require careful planning, as excluded family members often challenge wills through contests alleging undue influence or lack of testamentary capacity. The post also highlighted New York's complex spousal election statute, which gives surviving spouses rights to both probate assets and "testamentary substitutes" like jointly owned property and assets with named beneficiaries. This prevents individuals from circumventing spousal rights by placing all assets in joint accounts or beneficiary designations.

The spousal election must be filed within 180 daysEPTL § 5-1.1-A(a)(2), (b)(1), (d)(1), (e)(2)Verified Sep 15, 2026View source of the decedent's death, though courts may sometimes extend this deadline. The attorney noted that spousal election cases require experienced legal representation due to the statute's complexity and strict time requirements.

What It Means

New York's disinheritance laws reflect a balanced approach between individual autonomy and family protection. The state recognizes that parents may have legitimate reasons to exclude adult children from inheritance, whether due to estrangement, financial irresponsibility, or other family circumstances. This flexibility allows individuals to craft estate plans that reflect their actual relationships and wishes rather than being bound by traditional inheritance expectations.

However, the strong spousal protection demonstrates New York's recognition of marriage as an economic partnership. The 33%EPTL § 5-1.1-A(a)(2), (b)(1), (d)(1), (e)(2)Verified Sep 15, 2026View source spousal share ensures that surviving spouses receive a meaningful portion of the marital estate, regardless of what the will states. This protection becomes particularly important in situations involving second marriages, where a deceased spouse might attempt to leave everything to children from a previous relationship while leaving the current spouse with nothing.

The inclusion of testamentary substitutes in the spousal election calculation represents sophisticated estate law that closes common loopholes. Without this provision, individuals could easily circumvent spousal rights by titling all assets jointly with children or naming them as beneficiaries on all accounts. New York's law recognizes that these arrangements, while technically outside the probate estate, were often intended to function as inheritance mechanisms and should be subject to spousal claims.

For families considering disinheritance, the attorney's warning about will contests carries significant weight. New York probate courts regularly see challenges to wills that exclude expected beneficiaries. These contests can consume substantial estate resources and create lasting family divisions. The typical 9 months to 15 months probate timeline can extend significantly when contests arise, delaying distributions to all beneficiaries.

The strict 180 daysEPTL § 5-1.1-A(a)(2), (b)(1), (d)(1), (e)(2)Verified Sep 15, 2026View source deadline for spousal elections creates both protection and risk. While it provides certainty for estate administration, surviving spouses who are unaware of their rights or who receive poor legal advice may inadvertently waive substantial inheritance rights. This underscores the importance of surviving spouses consulting with experienced estate attorneys promptly after a death, particularly when the deceased spouse's will provides little or no inheritance.

New York's approach contrasts with community property states, where spouses automatically own half of marital assets. As a common law property state, New York requires surviving spouses to actively assert their elective share rights rather than receiving automatic protection. This places greater responsibility on surviving spouses and their attorneys to understand and exercise these rights within the statutory timeframe.

Context from SimplyTrust

SimplyTrust's Nevada-based revocable living trust includes built-in protections for complex family situations, including disinheritance scenarios. The trust's no-contest clause helps deter frivolous challenges by beneficiaries who feel they deserved more, while the Special Requests section allows grantors to document their reasoning for unequal distributions or exclusions. This documentation can be valuable evidence if the trust's validity is later questioned.

For married couples concerned about spousal protection, SimplyTrust offers both joint trusts for couples who want shared control and individual trusts for those who prefer separate estate planning. The platform's beneficiary designation tools ensure that trust assets pass according to the grantor's wishes while maintaining appropriate spousal considerations under applicable state law.

Source: Yes- In New York A Person Can Disinherit Family Members Except For a Spouse