Can I disinherit my spouse or child in Illinois?

1. Spousal Disinheritance. Illinois is a separate-property state. Under 755 ILCS 5/2-8, a surviving spouse may renounce the will and elect to take one-third of the entire estate after payment of just claims if the decedent left descendants, or one-half if no descendants.

2. Augmented Estate. Illinois has not adopted the UPC augmented-estate concept. The renunciation share applies to the probate estate only, which means non-probate transfers (revocable trusts, joint property, life insurance) are not directly reachable, though some case law allows challenges to transfers made to defeat the spousal share.

3. Elective Share Procedure. The renunciation must be filed in writing in the probate court within seven months after admission of the will to probate (755 ILCS 5/2-8(b)). The election is personal to the spouse.

4. Pretermitted Child. Under 755 ILCS 5/4-10, a child born or adopted after the will is executed who is neither provided for nor mentioned receives an intestate share unless it appears the omission was intentional.

5. Intentional Disinheritance of Child. Adult and pre-execution children may be entirely disinherited; Illinois has no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Illinois.

7. Prenuptial / Postnuptial Waiver. Illinois has adopted the Uniform Premarital Agreement Act at 750 ILCS 10/1 et seq. A waiver of renunciation rights is enforceable with voluntary signing and adequate disclosure.

8. Homestead, Family Allowance, Exempt Property. Spouse's award under 755 ILCS 5/15-1 ($20,000 plus $10,000 per dependent child) and child's award under § 15-2 are paid regardless of will terms.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest must be filed in the circuit court within six months after admission to probate under 755 ILCS 5/8-1.

This is legal information, not legal advice.