How to Legally Disinherit a Spouse or Child in a Colorado Will

Family dynamics are incredibly complex, and there are valid personal reasons why someone in Colorado might wish to leave a spouse or a child out of their Last Will and Testament. Whether you live in Boulder, Denver, or Grand Junction, estate planning is not just about giving assets away; it is also about protecting your legacy from those you believe should not inherit it. However, the state of Colorado imposes strict statutory rules on who can and cannot be disinherited.

Attempting to remove a close family member from your estate plan requires precise legal maneuvering. We highly recommend using our directory to consult with a qualified local lawyer who can draft airtight disinheritance clauses to prevent future lawsuits from disgruntled relatives.

The Spousal Elective Share in Colorado

If you think you can simply write 'I leave nothing to my husband' and have the court honor it, you are mistaken. Colorado law heavily protects surviving spouses. Under C.R.S. § 15-11-202(1), a surviving spouse has the legal right to claim an elective share equal to 50% of the marital-property portion of the augmented estate, regardless of what the will dictates. Under C.R.S. § 15-11-203(2), the percentage that constitutes this marital-property portion increases with the length of the marriage:

Because of this statute, the only bulletproof way to fully disinherit a spouse in Colorado is if they willingly sign an enforceable prenuptial or marital agreement under the Uniform Premarital and Marital Agreements Act (C.R.S. § 14-2-301 et seq.) expressly waiving their right to the elective share pursuant to C.R.S. § 15-11-213. If this statutory waiver is not signed, the surviving spouse can file a petition with the Denver Probate Court, Denver, the Boulder County District Court, Boulder, or their local court to claim their legal percentage.

Disinheriting Estranged Adult Children

Unlike spouses, children do not have an automatic, constitutional right to inherit their parents' property in Colorado. You are completely free to disinherit an estranged adult child. However, simply leaving their name out of the will is the most common and dangerous mistake people make. If a child's name is simply omitted, they can contest the will, claiming you merely 'forgot' them due to old age or a clerical error.

The Omitted Child Statute in Colorado

The danger of 'forgetting' to mention a child is codified in C.R.S. § 15-11-302. This law states that if a testator fails to provide for a child born or adopted after the execution of the will, that child is legally entitled to receive a share of the estate equal to what they would have received if the parent had died intestate (without a will). To bypass this statute, your will must clearly reflect that the omission was intentional.

Specific Language Needed to Prevent Accidental Omission Claims

To successfully disinherit a child, your Colorado estate planning attorney will use deliberate, explicit language. Instead of just ignoring the child in the document, the will should state something similar to:

• 'I intentionally make no provision in this Will for my son, [Name], and for the purposes of this Will, he shall be treated as having predeceased me.'
• 'I am leaving nothing to my daughter, [Name], and I intentionally leave nothing to any of her descendants.'

By using this unyielding language, you eliminate the child's ability to claim they were accidentally forgotten.

Step-by-Step Process to Draft a Disinheritance Clause in Colorado

Step 1: Consult a Professional

Find a local lawyer in Colorado Springs or Denver via our directory. Explain exactly who you want to disinherit and why. Be honest about your family dynamics.

Step 2: Use Explicit Disinheritance Language

Work with your attorney to include unambiguous language specifically identifying the disinherited individual by their full legal name.

Step 3: Avoid Giving 'One Dollar'

An old myth suggests you should leave the estranged child exactly $1.00 to prove you didn't forget them. In modern Colorado law, this is a terrible idea because it technically makes them a beneficiary, giving them the right to receive official notices and drag out the probate process using Form JDF 711, Colorado, Judicial Branch, Notice of Hearing.

Step 4: Include a No-Contest Clause (In Terrorem Clause)

Under C.R.S. § 15-12-905, penalty clauses for contesting a will are enforceable in Colorado unless probable cause exists for the contest. If you are leaving a small portion to a problematic relative, a no-contest clause can deter them from suing for more, as they risk losing their initial small inheritance entirely.

Frequently Asked Questions (FAQ)