Legal Question in Wills and Trusts in Pennsylvania

Of course you can disinherit your spouse!

But think of the trouble you'll get yourself in!

You should do it explicitly. Don't just leave his/her name out of the will, but actually explain that you're not leaving anything to the spouse intentionally. Your lawyer will know that.

Certain chunks of money, ERISA (retirement plan funds) require spouse's permission before the benefits can be assigned elsewhere.

Certain other chunks, e.g., jointly held homes or joint accounts, don't pass under direction of the will at all and would normally go outright to the spouse automatically no matter what the will says.

People routinely leave money for their children but let the spouse live on the income (and under certain conditions, all spouse to access the principle as well). There are some serious estate tax advantages for doing that in certain cases.

Why do you want to do this?

can you omit spouse from will

Yes, but you should consult an attorney who has experience in preparing wills to be sure that it is an appropriate action to accomplish your goal, and that it is properly done, so that it cannot be challenged.

Problems with Removing Spouse from Will

I read the previous replies and I have one item to add. You are in PA and you should consult a competent PA attorney for correct advice.

In GA, one spouse may remove the other spouse from the will, however, peculiar to GA law is something called the "years support." A spouse eliminated from the will may petition the Probate Court to open the estate for the amount of money it requires (her-the statutes are old and all references are her) to live for 1 year. It is akin to forced inheiritance.

PA is a common law state and should not have the civil law doctrine of forced inheiritance, however, consult PA statutes or a local attorney.

You can't disinherit a spouse

A person can remove their spouse from their will but they cannot removethem froman inheritance. The law protects spouses and allows them theopportunity to inheritfrom the estate by a statutory scheme instead of under the will. The onlyway to avoidthis is a prenuptial agreement.