Can You Disinherit a Child in Florida? What the Law Actually Says
Florida gives parents significant freedom when deciding who inherits their estate. That includes the legal ability to disinherit a child entirely. But exercising that right correctly requires understanding a distinction that trips up many Florida families: the difference between intentional disinheritance and accidental omission.
Overview
Florida does not have forced heirship. Forced heirship is a legal rule found in some states and many countries that guarantees children a minimum share of a parent's estate regardless of what the will says. Florida has no such rule. An adult child in Florida has no automatic right to inherit from a parent. A parent can leave everything to a spouse, a charity, a friend, or any other person. The child's feelings on the matter have no legal weight. This distinguishes Florida from civil law jurisdictions and from states like Louisiana, which still maintain forced heirship for certain descendants.
Intentional Disinheritance: How to Do It Correctly
If you want to disinherit a child in Florida, your will must make that intent clear. The legally safest approach is a disinheritance clause. A disinheritance clause is a provision in your will that names the child and explicitly states that you are choosing not to leave them any portion of your estate. It does not need to explain the reason. Courts do not require a justification. The clause simply establishes that the omission was deliberate, not accidental. Without that language, a court reviewing the will during probate may be left to guess whether you meant to exclude the child or whether you simply forgot. Guessing in the other direction opens the door to litigation.
Pretermitted Children: The Accidental Omission Problem
Florida Statute 732.302 creates a protection for children who are left out of a will by accident rather than by choice. These children are called pretermitted children. A pretermitted child under Florida law is a child born or adopted after the parent executed a will who is not mentioned in that will. The law presumes the parent would have included the child if they had updated the document. As a result, the pretermitted child may receive the share they would have inherited under Florida's intestate succession laws — the rules that govern who inherits when someone dies without a will. The key point is that this protection applies when the omission appears unintentional. If the will contains a disinheritance clause that covers after-born children, or if the parent left substantially everything to the other parent of the child, different rules may apply. Each situation depends on the specific facts of the estate.
Limits on Disinheritance: Homestead and Minor Children
Even in Florida, the right to disinherit is not absolute in every category of asset. The most significant limitation involves Florida homestead law. Under Florida Statute 732.401, a decedent who is survived by minor children cannot freely devise the homestead — the primary residence. If there are minor children, the homestead must descend according to the rules set out in the statute regardless of what the will says. In addition, Florida law provides minor children with rights to exempt property and a family allowance under Florida Statutes 732.402 and 732.403. These amounts are relatively modest but they are taken from the estate before distribution and cannot be eliminated by the terms of a will. Adult children have no comparable protections. Once a child reaches adulthood, the full force of the no-forced-heirship rule applies.
Ready to Get Started?
Understanding the rules around disinheritance is one part of a well-drafted Florida estate plan. A properly written will — including clear language about who is and is not included — is the foundation of making sure your wishes are honored. For related reading, see the Wills and Estate Planning page at karialaw.com.
Frequently Asked Questions
Yes. Florida law does not require a parent to explain or justify a decision to disinherit a child. The will simply needs to make the intent clear, typically through a disinheritance clause that names the child and states they are not receiving a share of the estate.
Under Florida Statute 732.302, a child born or adopted after you sign your will who is not mentioned in that document may qualify as a pretermitted child. Florida law may award that child an intestate share of your estate. Updating your will after a major life event like the birth of a child is the straightforward way to prevent this outcome.
Florida's forced heirship analysis focuses primarily on direct descendants. If a child is disinherited, any of their children (your grandchildren) generally cannot step in to claim that share. However, intestate succession rules involving representation by descendants can become complex depending on how the estate is structured. The outcome depends on the specific facts of each estate.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and individual circumstances differ. Consult a licensed Florida estate planning attorney for advice specific to your situation. Tejus Karia, Esq. is a member of The Florida Bar.
- Can I disinherit a child without giving a reason in Florida?
- What happens if I have a child after I sign my will and I never update it?
- Does disinheritance apply to grandchildren as well?