Before proceeding, please review the  legal disclaimer.

How to Write a Child Out of a Will in Texas (2025 Guide)

Let’s be honest—this isn’t an easy topic. Writing a child out of your will is one of the most emotional (and legally sensitive) estate planning decisions a parent can make.

Whether it’s due to estrangement, financial reasons, or deeply personal issues, it’s your legal right to choose how your assets are distributed. But in Texas, if you want to disinherit a child, you have to do it the right way.

Here’s what you need to know to make it stick—and avoid challenges after you’re gone.

Can You Disinherit a Child in Texas?

Yes. In Texas, there is no law requiring you to leave anything to an adult child.

Unlike spouses (who have certain legal protections), adult children don’t have an automatic right to inherit. That means you can:

• Leave them nothing

• Leave them a smaller share

• Exclude them from the will entirely

But doing this wrong—or being vague about it—can lead to will contests, family fights, or even court battles.

Step 1: Be Explicit in Your Will

If you want to disinherit a child, don’t just leave their name out of the will.

You must name the child and clearly state your intent to disinherit them.

Example clause:

“I have intentionally and with full knowledge omitted my son, John Smith, from this will. He is to receive nothing from my estate.”

This makes your wishes unmistakable and prevents the child from arguing they were forgotten by mistake.

Step 2: Avoid Conditional Gifting or Guilt Trips

Tempted to say, “You’ll only inherit if you go to college or stop dating so-and-so”? Be careful.

While conditional gifts are allowed in Texas, they can:

• Create resentment

• Be hard to enforce

• Open the door to legal disputes

If your goal is to make a clean break, keep it simple and direct.

Step 3: Use a No-Contest Clause

A no-contest clause (also called an “in terrorem” clause) says that if anyone challenges the will, they get nothing.

This doesn’t stop a child from suing—but it raises the stakes. If they’re still getting something under the will, the risk of losing that can discourage them from fighting.

⚠️ Important: Texas courts won’t enforce no-contest clauses if the challenge was brought in good faith. So it’s not bulletproof—but it helps.

Step 4: Update All Your Estate Planning Documents

Disinheriting someone isn’t just about the will. Make sure to:

• Update beneficiary designations (life insurance, retirement accounts, etc.)

• Change trust provisions, if you’re using one

• Review joint accounts or payable-on-death designations

If your will says one thing but your IRA still names the child as beneficiary, they’ll still get the money.

Step 5: Work With a Lawyer

Disinheriting a child is a high-risk move. Doing it wrong could:

• Trigger a will contest

• Lead to claims of undue influence

• Result in a partial intestate estate (if the will isn’t valid)

A Texas estate planning attorney will:

• Draft the language correctly

• Help you document your capacity

• Guide you through options like irrevocable trusts, gifting strategies, or alternative ways to distribute assets

What If the Child Is a Minor?

This changes things.

In Texas, you can’t disinherit a minor child of your legal obligation to provide for them. While you can exclude them from inheritance, they may still:

• Receive child support from your estate (if there’s a court order)

• Be entitled to certain protections as dependents

Talk to a lawyer if you’re considering disinheriting a child who’s still under 18.

Real-Life Example: The Estranged Son

Carol hadn’t spoken to her son in 15 years. She left everything to her daughter but forgot to mention her son by name in the will.

After Carol died, her son argued that she simply forgot to include him. The court found the will ambiguous, and he ended up receiving a portion of the estate.

If she’d clearly stated her intent to disinherit him, the outcome might have been different.

Final Takeaway

You can disinherit a child in Texas—but you have to do it carefully and clearly.

The best way to make sure your wishes are respected is to:

• Be direct and specific in your will

• Use a no-contest clause

• Update all related documents

• Work with an estate planning lawyer

Contact The Lange Firm to draft a will that reflects your wishes, avoids conflict, and protects your family’s future.