King Charles III’s recent decision to strip Prince Andrew of his royal titles and evict him from his residence has captured global attention, but it also highlights a reality many families face but without the royal drama: the complex process of disinheritance.

Whether you’re a business owner protecting decades of hard work or a parent navigating difficult family dynamics, understanding how to properly exclude someone from your estate is crucial – and far more complicated than simply leaving them out of your will.

The business case for strategic disinheritance
In most states, a parent or testator generally has full legal power to disinherit an adult child, provided the intent is clear and unambiguous in their will or trust instrument. This power extends beyond parent-child relationships to any potential heir, making it a valuable tool for business owners, entrepreneurs, and high net worth individuals who need to protect their legacy.

But here’s the critical point most people miss: A simple omission isn’t enough. The will must specifically identify the child to be excluded and should state that the omission is intentional, not accidental. This requirement exists because courts assume family members were accidentally forgotten rather than deliberately excluded.

The legal safeguards you must navigate

1. Protecting children born after your will
Most states include robust protections for “omitted children” – those born or adopted after you execute your will. If a testator did not have living children when signing the will, an after-born or after-adopted child is generally entitled to a statutory share that mirrors what they would receive under intestacy, unless the will leaves “all or substantially all” the estate to the child’s other parent, and that parent survives and takes under the will.

This creates a particular challenge for entrepreneurs and business owners who may start families later in life or through blended family arrangements. If the testator had living children and made gifts to them, the omitted child receives a proportional share based on what the living children receive, drawn first from the residue and then equally from devises to other beneficiaries.

2. The surviving spouse exception
Here is where most state laws draw a hard line: most states do not allow a testator to completely disinherit a surviving spouse. Regardless of what the will states, the spouse may elect to take against the will and receive a “statutory forced share.”

The financial implications are significant. Typically, if the decedent leaves issue , the spouse is guaranteed a minimum amount outright plus a life interest in a portion of the remaining estate. The exact percentages and amounts vary by state, but the principle remains consistent: surviving spouses have protected rights that cannot be circumvented through disinheritance.

What makes this particularly challenging for business owners is that this share may include some non-probate assets, such as those held in revocable trusts, making careful planning essential to avoid unintended inclusion. Your carefully structured business succession plan could be disrupted if you haven’t properly accounted for spousal rights.

3. Community property states: A different playing field
If you live in a community property state , the rules change dramatically. In these jurisdictions, each spouse automatically owns a 50 per cent interest in all property acquired during the marriage, regardless of whose name is on the title.

This fundamental difference means that disinheritance strategies must account for the fact that a surviving spouse already owns half of the marital estate by law.

You can only disinherit someone from property acquired outside of the marriage and your half of the community property. Attempting to dispose of your spouse’s community property interest through your will is not only ineffective, but it can also trigger costly litigation and family disputes.

Community property states also have different rules regarding what constitutes separate versus marital property, and some allow couples to convert community property to separate property through written agreements. For business owners in community property states, this creates both challenges and opportunities for estate planning that do not exist in common law property states.

Best practices for bulletproof disinheritance

1. Express your intent clearly
Always expressly state the desire to disinherit an individual; ambiguity risks statutory intervention. Your will should include language such as: “I intentionally make no provision for my son John Doe, and this omission is deliberate and not accidental.”

2. Use multiple tools in combination
Consider using a combination of wills, trusts, and updated beneficiary designations for thorough implementation. Trusts are highly effective tools for controlling distributions and safeguarding from future litigation, especially in complex family structures or where privacy and asset protection are paramount.

Don’t forget the often-overlooked details: All beneficiary designations on accounts should also be reviewed and updated to avoid accidental inheritance.

3. Understand the limitations
Be aware of protections for omitted children and forced-share rights for surviving spouses – they cannot be circumvented by omission alone. This is where many DIY estate plans fail, costing families thousands in litigation and potentially undermining your intent entirely.

4. Work with experienced counsel
Discuss your intentions with your estate attorney to tailor strategies, especially in unique family arrangements or high-value collections. The stakes are too high for generic online templates when you’re dealing with substantial assets or complex family dynamics.

The bottom line
King Charles’s formal and public action serves as reminder: whether royal or ordinary, for a disinheritance to stand, the process must be as intentional and as well-documented as the reasoning behind it.

For business owners and high net worth individuals, the lesson is clear: protecting your legacy requires more than just financial acumen – it demands legal precision. The difference between a successful disinheritance and a costly family lawsuit often comes down to the quality of your planning and the clarity of your documentation.

Whether you are protecting a family business from a spendthrift heir or ensuring that your philanthropic vision survives family disputes, the key is acting deliberately and working with qualified professionals who understand both the legal requirements and the family dynamics at play. In estate planning, as in business, the details matter – and getting them wrong can be expensive.

Below is a summary table outlining each state's approach to disinheritance and statutory share for surviving spouses. Most states allow adults to disinherit children if stated explicitly in estate documents, but minor children and spouses are almost universally protected.

Elective spouse shares and omitted child statutes vary widely by jurisdiction.

-- Community property states automatically give half of marital property to the surviving spouse, regardless of what the will says.

-- Uniform Probate Code states use the “augmented estate,” which blends probate and non-probate assets to calculate the elective share, generally 50 per cent of the marital portion based on years married.

-- All states include omitted child statutes, protecting children born or adopted after a will is written unless the omission is intentional or the child is provided for outside the will.

-- Where a statutory spouse share exists, surviving spouses must proactively elect within time limits .