The post was not speaking on the broader question on whether once one disinherits a child in their will, whether that disinheritance can be challenged.  The simple answer to that question is “yes” it might be challegned in probate.  For that matter, a disinheritance acheived through a provision in a trust may be challegned as well.

The point is that a person may disinherit a child; however, just because you disinheirit a child, does not prevent that child from challenging such disinheritance when you pass away.  The child will not challenge the actual disinheritance but rather challenge it in other ways.  For example, he/she may say you were unduely influenced in making a change in your will.  He/She may attempt to show your were coerced in some way.

I will write later on In Terrorem Clauses as a way to potentially mitigate those challenges.

In Texas, a person who is competent to make a will can provide in the will language to disinherit an heir. (2)  In other words, Texas Law does not prohibit a person from specifically stating a person is not to take under a will.

Sec. 58. INTERESTS WHICH MAY PASS UNDER A WILL.  (a) Every person competent to make a last will and testament may thereby devise and bequeath all the estate, right, title, and interest in property the person has at the time of the person’s death, subject to the limitations prescribed by law.

(b) A person who makes a last will and testament may:

(1) disinherit an heir; and

(2) direct the disposition of property or an interest passing under the will or by intestacy.

.

.

.

Texas Probate Code Section 58