In most states, a will is unable to disinherit a spouse. The spouse has the right to claim a share of the estate, which must be done through court. She must file a claim into court and confirm that she is due a share of the estate and the court must then put a hold on the probate of the estate and look to the provisions of the state.

There a few states that are community property states that will not allow a will to disinherit a spouse. The surviving spouse is automatically entitled to half of the assets.

If you are thinking of disinheriting your spouse you must get some legal advise before you put in writing as you want to be sure that these wishes can fulfilled.

You can disinherit your children from your will without getting in to, too much complex legal issue.

The way it can be done is by expressly stating in your will that you want to disinherit them. Some people have usually set up some sort of trust fund for their children and therefore do not want to give anything on their death.

There are circumstances when you cannot disinherit your children, when the birth of the child is after the will was drafted. The courts will look to this, as a mistake and that you did not intentionally want to leave out that child.

This type of problem usually occurs where the parent has drafted a will and then has subsequently forgotten to revise the will.

Some states are more stringent on who you can disinherit out of your will if you are the head of the family you are prohibited from drafting a will that excludes either the surviving spouse or a child who is a minor.