Disinheritance Clause
(Spouse)

This clause is a disinheritance clause which may be used in a will to disinherit a spouse. It is not customized for any specific jurisdiction and may be modified for use in any will template, as appropriate. This clause includes practical guidance and drafting notes. The purpose of a disinheritance clause is to clearly state the testator's intention not to provide for persons who would otherwise be entitled to inherit all or part of the estate. A disinheritance clause applies only to persons who would inherit the estate if the testator did not intentionally disinherit them (that is, omitted or "pretermitted" heirs) and is to be distinguished from a no contest (in terrorem clause), which is designed to discourage beneficiaries under the will from contesting its provisions. Because contesting beneficiaries may take all or part of the estate under the laws of intestate succession or under a former will, their interests depend on defeating the will. Omitted heirs (a spouse, registered domestic partner, or child of the testator, under certain circumstances), in contrast, do not "contest" or "challenge" the will, but take in spite of it. A disinheritance clause should be used with caution and only after a full consideration of its consequences. If your client is considering disinheriting a spouse, be certain to discuss any relevant state statutory elective share (also referred to as widow's share or forced share), as the spouse is generally entitled to a share of a deceased spouse's estate. For links to will templates that have been customized for all 50 states, D.C., and the territories, see Estate Planning Forms with Military Language Resource Kit. For a 50-state survey that includes information on no contest clause enforcement, see Wills State Law Survey.