Can I disinherit my spouse or child in New Jersey?

1. Spousal Disinheritance. New Jersey is a separate-property state. Under N.J. Stat. § 3B:8-1, a surviving spouse or domestic partner is entitled to an elective share equal to one-third of the augmented estate, provided the spouses were not living separate and apart in different households or had not ceased to cohabit as husband and wife under circumstances giving rise to a divorce cause of action.

2. Augmented Estate. New Jersey defines the augmented estate at N.J. Stat. § 3B:8-3, which includes probate assets and certain non-probate transfers (revocable transfers, joint property, transfers within two years), conceptually aligning with UPC § 2-202.

3. Elective Share Procedure. The election must be filed in writing in the Superior Court within six months after appointment of a personal representative under N.J. Stat. § 3B:8-12. The court may extend the deadline for cause.

4. Pretermitted Child. Under N.J. Stat. § 3B:5-16, 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 New Jersey.

7. Prenuptial / Postnuptial Waiver. New Jersey has adopted the Uniform Premarital Agreement Act at N.J. Stat. § 37:2-31 et seq. Waivers are enforceable with voluntary signing and fair disclosure.

8. Homestead, Family Allowance, Exempt Property. No homestead allowance in the EPIC sense; family allowance and exempt-property provisions are limited.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest must be filed in the Probate Part of the Chancery Division within four months of probate (six months for non-residents) under R. 4:85-1.

This is legal information, not legal advice.