29 Oct Can You Disinherit Your Own Child in Arizona? Here’s What the Law Says

Estate planning is often a very emotional process. It can bring up a lot of tricky questions, like whether or not you should leave an inheritance for an estranged family member. Can you legally disinherit your own child in Arizona? 

The short answer is yes, but with certain caveats. How disinheritance works in our state depends on your child’s age, whether you clearly express your intent in your will, and whether or not certain legal protections apply. Below, we explain what is allowed under Arizona’s inheritance laws, and how to legally disinherit your child if you wish. 

What Does It Mean to Legally Disinherit Someone?

The general assumption when it comes to disinheritance is that it simply means leaving someone out. However, not naming them as a beneficiary in your will or trust isn’t always enough. If you plan to disinherit one of your own children, it’s important to understand what that legally entails. 

Disinheriting a child is not always as simple as omitting their name. Because of the close family relationship, the court might assume you accidentally left your child out of your will. There are also laws intended to protect minors that might override your wishes. If you truly want to prevent your own child from inheriting, your estate planning documents must be drafted very carefully. 

Arizona’s Inheritance Laws: Statutory Rules and Constraints

Minor Children

You cannot completely disinherit a minor child under Arizona law, because a minor lacks legal capacity. However, if you want to limit what a minor child receives from your estate, you can place their share in a trust. The trustee will manage the assets and distribute them according to your wishes. This way, you can provide for a minor child (or a financially irresponsible adult) without worrying that they’ll squander their inheritance. 

Adult Children

You can legally disinherit an adult child simply by explicitly stating your intent in your will or trust. But don’t assume that omitting your child completely is all it takes to prevent them from receiving an inheritance. Even if your child isn’t explicitly named as an heir in your will, there is still a possibility they could still inherit. 

In Arizona, your children are legally entitled to your estate, whether or not they are named as heirs in your will. According to Arizona inheritance laws, your children are legally entitled to inherit half of your estate if you are survived by a spouse, or your entire estate if a spouse does not survive you. You can only override this with an explicit disinheritance clause in your will.

Omitted Children

According to Arizona law, an “omitted child” may be entitled to a share of your estate, unless your will states that the omission was intentional. (This law provides some protection for biological or adopted children if their parent failed to update an existing will before they died.) 

So, if you intend to disinherit a child who is not currently named in your will, you must explicitly state your intentions in a disinheritance clause to ensure that your wishes are met. 

“Slayer” Statutes

In extreme cases, a child may be automatically disinherited even if they are already named in a will or trust. Arizona has a “slayer” statute that prevents people from receiving an inheritance from someone they murdered or killed. That means that a child who unlawfully kills their parent is legally prohibited from inheriting from that parent. 

How to Disinherit One of Your Children

While you can legally disinherit a child in Arizona, doing so takes careful planning. Leaving a child’s name out of your will or trust can lead to misunderstandings, family disputes, or even legal challenges in probate court. Here’s how to ensure your wishes are carried out when the time comes.

1. Use a Clear Disinheritance Clause

One of the most effective ways to prevent confusion is to explicitly state your intentions in your will. A disinheritance clause makes it clear that the child’s exclusion was intentional and not an oversight. Without this language, a court might assume the omission was accidental—especially if other children or family members are included. Even if the court doesn’t catch it, the omitted child or another heir might still contest the will. 

2. Consider Leaving a Nominal Gift

Some parents choose to leave an estranged child a token inheritance (like a specific dollar amount or a personal item) instead of a share of their estate. This shows that you remembered the child but intentionally limited their inheritance. Leaving a nominal gift reduces the likelihood of a will or trust contest claiming you forgot or unintentionally left a child out. 

3. Set Up a Trust with Precise Terms

A revocable living trust is often more secure than a will when it comes to disinheritance. Trusts allow you to control distributions outside of probate. This not only keeps the process private, but also reduces the likelihood that the disinherited child will be able to contest the plan in court. You can specify exactly who should and should not benefit from your estate plan with your trust instructions.

4. Review All Beneficiary Designations

Assets such as life insurance policies, retirement accounts, and payable-on-death bank accounts pass directly to the named beneficiary, regardless of what your will says. Reviewing your beneficiary designations is just as important as updating your will. Even if you have a disinheritance clause in your will, that child will still inherit if they’re listed as a beneficiary on any transfer-on-death accounts.

5. Include a No-Contest Clause

A no-contest clause (also called an in terrorem clause) states that if a beneficiary challenges the will or trust and loses, they forfeit any share they might have otherwise received. While not always foolproof, this provision discourages lawsuits by raising the stakes for the person challenging your estate.

6. Document Your Mental Capacity

One of the most common arguments in a will contest is that the parent lacked capacity or was unduly influenced. To protect your wishes, consider having a physician evaluate and document your mental capacity. You should also sign your estate planning documents in front of neutral witnesses (like a lawyer or notary) who can attest to your clarity if needed. These steps help prevent people from claiming that you didn’t realize what you were doing when you made the decision to disinherit.

7. Update Your Estate Plan Regularly

Family situations change over time—marriages, divorces, estrangements, and reunions may shift your perspective and alter your wishes. Reviewing and updating your estate plan on a regular basis keeps your wishes current and makes your intentions clear. Outdated plans are more vulnerable to challenges, especially when new children are born or adopted since your last update. We recommend reviewing your estate plan at least once every three years, or as soon as a major life event (marriage/divorce, birth/death, purchasing a home) occurs. 

Meet with an Experienced Arizona Estate Planning Attorney

If you plan to disinherit a child, you must make your intent unmistakably clear. This means using the right legal tools. The Phelps LaClair team can help you navigate Arizona’s inheritance laws and create a strong estate plan that successfully carries out your wishes. 

Give us a call at 480-892-2488 today to schedule an appointment in Mesa, Chandler, or the location nearest you.

 

Images used under creative commons license – commercial use (10/29/2025). Photo by Scott Graham on Unsplash