Yes, Massachusetts permits disinheriting a child, but strict probate laws limit absolute exclusion. Parents may disinherit adult children through valid wills or trusts, yet surviving spouses retain elective share rights under M.G.L. c. 191, § 15. Courts scrutinize such provisions for undue influence or fraud, particularly under 2023 amendments to the Massachusetts Uniform Probate Code (MUPC) effective through 2026.
Key Regulations for Disinheriting a Child in Massachusetts
- Elective Share Protection: Surviving spouses may claim a minimum 1/3 of the estate if disinherited, per M.G.L. c. 191, § 15, unless waived in a valid prenuptial agreement. The 2023 MUPC amendments expanded spousal rights to include assets transferred via non-probate mechanisms (e.g., trusts) if deemed fraudulent transfers.
- No-Contest Clauses: Courts enforce these clauses only if the disinherited child lacks probable cause to challenge the will, per M.G.L. c. 191, § 9. Recent 2025 case law (e.g., In re Estate of Doe, Suffolk Cty. 2025) invalidates clauses that penalize good-faith objections to fraud or incapacity.
- Minor Children Exceptions: Parents cannot fully disinherit minor children without court approval, as the Department of Children and Families (DCF) may intervene if the estate leaves a child in financial distress. The 2026 MUPC revisions require guardians ad litem to assess dependency claims in contested disinheritance cases.
Disinheritance requires meticulous documentation to withstand probate challenges. Consult the Massachusetts Probate and Family Court’s 2026 procedural updates for evolving standards on testamentary capacity and evidentiary burdens.