Can I disinherit my spouse or child in Massachusetts?

1. Spousal Disinheritance. Massachusetts is a separate-property state. Under M.G.L. c. 191 § 15, a surviving spouse may waive the will and take a statutory share. If the decedent left issue, the spouse takes one-third of the personal and one-third of the real property. The statute provides complex provisions including life estates and income interests on amounts above $25,000.

2. Augmented Estate. Massachusetts has adopted parts of the Uniform Probate Code (Mass. Uniform Probate Code, M.G.L. c. 190B) effective 2012, but retained the older c. 191 § 15 elective share rather than the UPC § 2-202 augmented-estate framework. Non-probate transfers are generally not reachable.

3. Elective Share Procedure. The waiver must be filed in the probate court within six months after probate of the will under M.G.L. c. 191 § 15.

4. Pretermitted Child. Under M.G.L. c. 190B § 2-302, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

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

7. Prenuptial / Postnuptial Waiver. Massachusetts enforces premarital agreements under DeMatteo v. DeMatteo, 436 Mass. 18 (2002), and postnuptial agreements under Ansin v. Craven-Ansin, 457 Mass. 283 (2010), with heightened scrutiny.

8. Homestead, Family Allowance, Exempt Property. Homestead protection under M.G.L. c. 188 (up to $500,000); family allowance under c. 190B § 2-404.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; objections filed in probate court within the limitations period after notice.

This is legal information, not legal advice.