Can You Disinherit a Child in Kentucky?

One of the more uncomfortable questions I get from estate planning clients is some version of this: “Can I leave one of my kids out of my will?” Usually there’s a story behind it — an estrangement, a child who has already received more than their share, or a worry about how an inheritance would be used. The legal answer in Kentucky is yes, you can disinherit an adult child. But how you do it matters a great deal, and doing it carelessly is an invitation to litigation.

The Short Answer: Yes, With One Major Exception

Kentucky does not give children a guaranteed share of a parent’s estate. Unlike a surviving spouse, an adult child has no statutory right to inherit. You are free to leave a child more, less, or nothing at all.

The big exception is your spouse. Under KRS 392.080, a surviving spouse can renounce your will and elect to take a statutory share of your estate instead of whatever the will provides. There is no equivalent “forced share” for children. So while you cannot fully disinherit a spouse without their agreement, you generally can disinherit a child.

Silence Is Not a Plan

Here is where people get into trouble: they assume that simply leaving a child’s name out of the will is enough. It often is not. Kentucky law protects children who appear to have been left out by accident rather than on purpose — particularly a child born or adopted after the will was signed. If the omission looks unintentional, that child may be entitled to a share as though you had no will at all.

If your intention is to disinherit, the will needs to say so. Name the child, and state clearly that you are intentionally leaving them out. That single sentence removes the “Dad must have forgotten about me” argument before it can start.

Disinheritance Invites a Will Contest

A disinherited child is the classic will-contest plaintiff. When someone who expected to inherit gets nothing, they have both the motive and the standing to challenge the will — usually on grounds of undue influence or lack of testamentary capacity, arguing that someone manipulated you or that you were not of sound mind when you signed.

That does not mean you should not disinherit. It means you should build the will to withstand a challenge. In practice, that means documenting your capacity at signing, using independent counsel rather than a lawyer connected to the family member who benefits, and avoiding the appearance that anyone pressured you. The cleaner the process, the harder the will is to attack.

Tools That Work Better Than Silence

There are smarter approaches than a flat omission. One is to leave the child a modest bequest paired with a no-contest clause, so that challenging the will means risking what they were given. Another is to use a trust, which keeps the dispute out of the public probate record and gives you more control over timing and conditions. A third is to write a separate letter explaining your reasons — kept outside the will itself, so it does not become part of the litigation.

Which approach fits depends on your family and your goals. The point is that disinheritance is a decision worth making deliberately, with the documents drafted to hold up.

If you are thinking about leaving a child out of your estate plan — or you believe you were wrongly disinherited — Buckles Law Office can help you do it the right way. Call (859) 225-9540 or use our contact form to get started.