Yes, Washington law permits disinheriting a child, but strict probate statutes and constitutional constraints limit absolute exclusion. RCW 11.12.091 requires clear testamentary intent, while RCW 11.12.095 bars disinheritance of a child born or adopted after the will’s execution unless explicitly reserved. Courts scrutinize undue influence or fraud under RCW 11.12.090, and Washington’s elective share statute (RCW 11.07.010) may entitle omitted children to a portion of the estate if no provision was made.
Key Regulations for Disinheriting a Child in Washington
- Statutory Formalities: A will must explicitly disinherit a child or acknowledge their exclusion to withstand probate challenges (RCW 11.12.091). Vague language risks partial intestacy.
- Omitted Child Protections: If a child is born or adopted after the will’s execution and no provision is made, they may claim an intestate share under RCW 11.12.095, unless the will includes a “pretermitted child” clause.
- Elective Share Rights: Children may petition for a forced share (up to 50% of the estate for minors) if disinherited without adequate support, per RCW 11.07.010, unless waived in a valid agreement.
Washington courts enforce testamentary freedom but prioritize statutory compliance and equitable outcomes. Local probate divisions (e.g., King County Superior Court) often require affidavits of non-contestability for disinheritance claims. Recent 2026 amendments to RCW 11.12 expand evidentiary burdens for undue influence claims, increasing scrutiny of testamentary capacity in contested disinheritance cases.