Question

Can I completely disinherit my spouse?

I am married but most of the property in my name came from before the marriage. Our relationship is strained, and I am considering leaving my estate to my children instead of my spouse. Can a will completely disinherit a spouse, or can the surviving spouse claim an elective or statutory share regardless of what the will says?

Asked in Lihue, HI · Feb 25, 2026 · 1 answer

Answer
Soradin

Soradin

General information

Posted Jul 24, 2026

Most states give a surviving spouse rights that cannot be eliminated by a will alone without a valid waiver or other planning. As part of the legal review, a person can often leave unequal shares or omit an adult child, but the document should be clear and comply with state protections for spouses and dependents. In the estate planning context, careful drafting can reduce ambiguity, though no plan can guarantee that a dispute will never occur. Save copies alongside your other important paperwork, and let the relevant family members or fiduciaries know how to access them.

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