You can leave your estate to whoever you want. But some people have a legal right to challenge your will if they believe they should have been included.
Who can make a claim (varies by state):
- Spouse or domestic partner
- Children (including adult children)
- Former spouse (in some cases)
- Dependants
- Sometimes stepchildren or grandchildren
Who generally cannot claim:
- Siblings
- Friends
- Extended family (unless dependent on you)
If you want to exclude someone:
- State it clearly (but you don’t have to explain why in the will)
- Ensure your will is properly witnessed
- Consider a statutory declaration about your reasons
- Get legal advice if the person is a spouse or child
What happens if they challenge:
- The court weighs their need against your wishes
- Strong evidence that you were of sound mind and not pressured helps
- The estate pays legal costs, reducing what’s left for everyone
Bottom line: You can exclude people, but close family members have legal avenues to contest. Plan accordingly.