What occurs if a will attempts to disinherit a spouse or minor child?

When a will attempts to disinherit a spouse or minor child, it can lead to litigation primarily because of the legal protections afforded to these family members. In many jurisdictions, spouses and minor children have certain rights to inherit a portion of the estate irrespective of the provisions of the will. These protections are often referred to as "forced heirship" rights or spousal elective share laws.

Due to these rights, if a will explicitly tries to disinherit a spouse or minor child, it may prompt challenges in court. Family members may contest the will on the grounds that it violates statutory provisions designed to protect them. As a result, litigation can arise as parties seek to enforce their rights and secure their entitled inheritance, making it a common consequence of such a disinheritance attempt.

While a will may be valid in its formalities, the specific clauses about disinheritance do not guarantee that they will be enforced without dispute. The legal framework surrounding inheritance and family rights creates a scenario where such provisions are often contested, reflecting the significance of protecting familial relationships in estate planning.