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Wills and Probate

Disinheriting a Child and No-Contest Clauses in Texas

The short answer

Texas has no forced heirship rule, so you can leave a child out of your will or trust. To avoid a challenge, say so expressly and plan for the likely dispute. A no-contest (forfeiture) clause can discourage lawsuits by cutting off a beneficiary who contests, but Texas courts will not enforce it if the challenger acted in good faith and with just cause. A trust, clear records and a calm explanation reduce the risk.

This page is general information, not legal advice, and does not create an attorney-client relationship. Rules change and every situation is different. Talk to a licensed attorney before acting on any of it. Last updated 2026-11-02.

Can you disinherit a child

Yes. Unlike some countries and a few states, Texas does not guarantee children a share of a parent's estate. A will or trust can leave a child nothing. Your spouse's community property half and the surviving spouse's homestead rights are protected, but children have no comparable statutory claim. If you do nothing and die without a will, Texas intestacy law gives children a share, so a child is left out only if you act.

Do it clearly

No-contest clauses

A no-contest clause says that anyone who challenges the will or trust loses their gift. It works only when the person has something to lose, so it has little power against someone who would receive nothing anyway. In Texas, a forfeiture clause is unenforceable if the contest was brought in good faith and with just cause. Courts read these clauses narrowly. A beneficiary who makes an honest challenge on strong grounds generally does not forfeit.

Common grounds for a challenge

GroundWhat a challenger must show
Lack of capacityYou did not understand what you were doing when you signed
Undue influenceSomeone overcame your free will and substituted their wishes
Improper signingThe will was not signed or witnessed as the law requires
Fraud or forgeryThe document was procured by deceit or is not genuine

Reducing the chance of a fight

See self-proved wills for the signing process.

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Frequently asked questions

Can I leave a child one dollar?

You can leave a nominal gift, but a clear statement of intent matters more than the amount.

Do grandchildren inherit if I disinherit their parent?

Not automatically. State your intent in the will, since the parent's descendants may otherwise be argued to share.

Does a no-contest clause stop all lawsuits?

No. It does not apply to good-faith, well-founded challenges, and it has no effect on someone who receives nothing.

Can a disinherited child still take property from a joint account?

Not if it passes by survivorship or beneficiary designation to someone else. Those pass outside the will.

Related questions

This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.