Disinheriting a child in Florida

Disinheriting a child in Florida is allowed — for adults — if you do it explicitly. Florida law doesn't require parents to leave anything to their adult children. But there are three significant exceptions and a number of common mistakes that defeat the intent.

Below: what works, what doesn't, and the precise drafting that holds up.

What you CAN do (with adults)

• Leave them nothing. No share, no token bequest. They take zero.
• Leave them less than other children. Unequal distribution among children is fine.
• Condition their inheritance. ('My son receives $100,000 if he completes a substance-abuse program by age 35.') Conditional bequests are valid in Florida if not against public policy.
• Leave them assets in trust (e.g., spendthrift trust) instead of outright. They get the benefit but not the control.
• Skip a generation. Leave to grandchildren instead of children.

What you CAN'T do

• Disinherit a minor child from the homestead. Florida's homestead descent rules carve out a remainder for minor children regardless of will provisions.
• Disinherit a spouse beyond the elective share. The 30% elective share applies regardless of will (see our elective share guide).
• Effectively disinherit a child by leaving them out without explanation in some circumstances. If the omission looks accidental rather than intentional, the will may be challenged.
• Promise inheritance verbally and disinherit in writing. Verbal promises generally won't override written wills, but can fuel costly contests.

How to do it cleanly — the 'mention and exclude' approach

The safest disinheritance language is explicit. Don't just leave the child out of the will silently — name them and state the disinheritance directly.

• Identify the child by full name in the will: 'My son, John Q. Smith, born March 14, 1985'.
• State the intent: 'I have intentionally chosen to make no provision for John in this will.'
• Optional explanation: not legally required, but sometimes wise. Brief and factual is best ('We have not been in contact for many years.').
• Avoid pejorative or hostile language: it reads badly to a judge if challenged and may fuel the contest.
• Apply the same care to grandchildren if you want to extend the disinheritance through that line.

Pretermitted child rule — accidental disinheritance

Florida statute 732.302 protects children born or adopted after the will was signed if the will doesn't provide for them. The pretermitted-child rule gives them an intestate share by default — even if you didn't intend it.

• Trigger: child born or adopted after the date of will execution.
• Default rule: child takes the share they would have under intestacy.
• Override: will can specifically address future-born children ('I have provided for my then-living children; future-born children, if any, are intentionally not provided for').
• Common scenario: testator signed will at 35, had a child at 42, never updated. Child is pretermitted and inherits.

Best practice: update the will after every birth or adoption. Cleaner than relying on language about 'future children'.

Minor children & homestead

Florida's homestead descent rules prevent disinheritance of the homestead when there's a minor child:

• With surviving spouse and minor child: spouse takes life estate; minor children take remainder. You cannot devise the homestead to anyone else.
• No surviving spouse, minor child(ren) only: homestead passes to descendants per intestacy. You cannot devise it elsewhere.
• Adult children: no homestead carve-out. You can leave the homestead to anyone you want.

Practical impact: as long as you have minor children, the homestead has rules. Once they're all adults, the homestead is freely devisable.

Common mistakes

• Silent omission instead of explicit disinheritance: invites challenge. Be explicit.
• Forgetting to update after a new child: pretermitted child rule kicks in.
• Trying to disinherit a spouse instead of (or in addition to) a child: spouses have elective-share protections that children don't.
• Excessively hostile language: the judge reads it; tone matters in close cases.
• Disinheriting via a no-contest clause that's too broad: Florida limits no-contest clauses; aggressive ones may be invalidated.
• Forgetting beneficiary designations: if the disinherited child is a primary beneficiary on a 401(k) or life insurance, they still inherit those assets despite the will.

Soft disinheritance — alternatives

Sometimes the goal isn't full disinheritance but limiting or controlling what the child receives:

• Spendthrift trust: child gets the benefit but no control. Useful for children with addiction, mental health issues, or poor money management.
• Conditional bequest: child receives funds upon meeting a condition (graduating, marrying within the faith, completing rehab). Conditions must not be against public policy.
• Smaller share: child receives less than equal but not nothing.
• Income-only with remainder elsewhere: child receives income for life; principal goes to grandchildren.
• Lifetime distribution at parent's discretion: child receives discretionary trust distributions during your life; remainder elsewhere at death.

When to revisit

• Reconciliation: the disinherited child may come back into your life. Update the will if you change your mind.
• Life changes for the child: marriage, kids, illness — circumstances may change your view.
• New estate-planning purpose: family business succession, special needs of another child, all may justify revisiting.
• Tax law changes: not specifically relevant to disinheritance, but a good prompt to review the whole plan.

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