Marc R. Lynde, Esq.
A client sits across my desk and asks: "Can I cut my daughter out of my will?" The answer surprises many people: yes, you can. Pennsylvania has no forced heirship rule. You can disinherit virtually anyone, with one major exception. But the how and when matter tremendously, and there are serious pitfalls to avoid. This article covers the legal landscape, the exceptions, and the practical strategies that keep your disinheritance clauses enforceable.
Pennsylvania does not have forced heirship laws that give children or other relatives an automatic right to inherit. You have the freedom, subject to the exception noted below, to leave your estate to whomever you choose and to exclude whomever you wish. This is a fundamental principle of testamentary freedom. See 20 Pa.C.S. § 2501 (who may make a will). A will that disinherits everyone except a pet charity is perfectly valid. A will that provides $1 to each of your three children and $1 million to your favorite cause is also valid, again, subject to the crucial exception that follows.
The one person you truly cannot disinherit is your surviving spouse. Under 20 Pa.C.S. § 2203 , a surviving spouse has the absolute right to elect against the will and take one-third of the augmented estate , regardless of what the will says. It does not matter if your will explicitly states "I leave nothing to my spouse." They can elect to take the one-third share anyway. The only way to prevent this is a valid prenuptial or postnuptial agreement waiving the elective share under § 2207. Will language alone cannot override it.
The other person you need to plan around is a child born or adopted after the will was executed who is not mentioned in it. This is a pretermitted child , and it is governed by 20 Pa.C.S. § 2507(4) . Unlike the spousal elective share, this one can be defeated with proper will language. The statute says:
If the testator fails to provide in his will for his child born or adopted after making his will, unless it appears from the will that the failure was intentional, such child shall receive out of the testator's undisposed of net estate the share that such child would have received if the testator had died intestate.
The consequence is significant: a pretermitted child can claim an intestate share of your estate, which could be one-half or more, depending on what other heirs survive. This is automatic, the child doesn't have to sue; it happens by operation of law unless the will explicitly demonstrates intentional omission .
To avoid the pretermitted child trap, your will or codicil must make clear that any omission was deliberate . Here are the best practices:
Include a specific provision that addresses the possibility of afterborn children. For example:
"I make no provision herein for any child born to me after the execution of this will, whether by my current or future relationships, and I intend for any such child to receive nothing from my estate."
This language creates a clear record that you knew about the possibility of afterborn children and that you intentionally excluded them. A vague general clause like "I leave nothing to anyone not named herein" is not sufficient; courts want to see that you specifically contemplated this scenario.
If you are disinheriting a named individual (not an afterborn child, but someone alive at the time the will is signed), it is even more important to be explicit. For example:
"I intentionally make no provision for my son John and my daughter Mary. It is my express intention that they receive nothing from my estate, and any provision contrary to this is void."
Naming them is not required, but it removes all doubt. If you say nothing about a child in your will, and that child claims you forgot, litigation can ensue. A court will weigh whether you really intended disinheritance or simply overlooked them.
You are not required to explain your motives, but doing so strengthens enforceability. For example:
"I intentionally exclude my daughter Sarah from my will because I have already made substantial gifts to her during my lifetime and wish for my estate to benefit my other children and grandchildren."
This shows you had a clear reason and were not simply neglectful. It reduces the risk that a disinherited party will claim the will was made under duress or that you lacked capacity.
A no-contest clause (also called an in terrorem clause ) is a provision that penalizes anyone who challenges the will. A typical formulation is:
"If any beneficiary named herein contests this will or its validity, such person shall receive nothing from my estate, and all bequests to them are void."
Pennsylvania enforces in terrorem clauses , but with an important limit. A no-contest clause will not bar a challenge that is brought with "probable cause", meaning a reasonable, good-faith basis for believing the will is invalid. See 20 Pa.C.S. § 2521 . This means a disinherited child cannot use a no-contest clause as a complete shield against litigation. If someone has legitimate evidence that you lacked capacity, were subject to undue influence, or that the will was improperly executed, they can challenge it despite the clause, though the no-contest clause does discourage frivolous suits.
The elective share under § 2203 applies to more than just probate assets. It reaches property passing by will or intestacy, certain inter vivos transfers, and property over which the decedent had a general power of appointment. The spouse chooses whichever is larger, the will provision or the one-third elective share. This is not technically "forced heirship" because the spouse must affirmatively elect, but the practical effect is the same: absent a valid prenuptial or postnuptial waiver, you cannot cut a spouse below one-third. See § 2207 (waiver of right to elect). If estate planning around a spouse is a priority, the conversation starts with a marital agreement, not a will clause.
Here is a summary of what the courts (and I) recommend:
⚠ Watch Out for Ambiguity
A common mistake is to include language like: "I leave nothing to anyone not named in this will." While this may seem clear, courts sometimes read it as failing to address afterborn children or applying inconsistently to different categories of relatives. Specificity is your friend. Say what you mean and mean what you say.
Even with the best-drafted disinheritance clause, litigation is always a risk. Disinherited heirs may claim lack of capacity, undue influence, fraud, or improper execution. They will scrutinize the circumstances of the will's execution: Were you under pressure from other family members? Were you medicated? Did you understand what you were signing? A strong attestation, having the will properly witnessed and signed before a notary, helps, as does a clear memory of your intentions and mental state at the time. Some clients work with their attorney to prepare a contemporaneous letter or memorandum explaining the reasons for disinheritance, to be found with the will. This creates a written record that can be powerful evidence in any later dispute.
⚠ The Practical Reality
Even if your disinheritance clause is ironclad, estate litigation is expensive and emotionally draining for your family. Consider whether you truly want to bear that risk. Sometimes a small bequest or a clear, compassionate explanation of your reasons can prevent conflict. There is no "perfect" solution, only the one that fits your situation best.
Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): March 2026 . If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
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