Can You Disinherit a Family Member? Legal Considerations in Manitoba

One of the most sensitive conversations we have with clients involves family members they’d prefer not to inherit from their estate. Whether it’s due to estrangement, poor financial decisions, addiction issues, or simply feeling that one child has already received enough support during their lifetime, parents often ask: “Can I completely leave someone out of my will?”

The short answer is: it’s complicated, and the approach matters significantly.

Your Will, Your Choices – With Important Caveats

In Manitoba, you generally have the right to distribute your assets as you see fit. However, certain family members have legal rights that can challenge your decisions, even if you’ve explicitly excluded them from your will.

Who Can Challenge Your Will?

Spouses: Your spouse has strong legal rights to your estate, regardless of what your will says. Manitoba’s family property laws provide significant protection for surviving spouses.

Dependent Children: Minor children or adult children who were financially dependent on you may have grounds to claim support from your estate, even if you’ve disinherited them.

The Right Way to Handle Disinheritance

If you’re considering excluding someone from your will, simply leaving them out isn’t enough. Here’s what we recommend:

Be Explicit: Clearly state in your will that you’re intentionally excluding this person. Silence can be interpreted as an oversight, which gives them grounds to challenge.

Document Your Reasons: While you don’t need to air family grievances in your will, having a clear record of your reasoning can help defend your decision if challenged.

Consider Nominal Bequests: Sometimes leaving a small amount (like $1,000) demonstrates that you haven’t forgotten the person while making your intentions clear.

Plan for Challenges: If you anticipate a will challenge, we can help structure your estate and document your decisions in ways that strengthen your position.

Alternative Approaches That Often Work Better

Rather than complete disinheritance, consider these options:

Unequal Distribution: Consider leaving different amounts rather than complete exclusion, based on individual circumstances or previous support provided during your lifetime.

Lifetime Discussions: Sometimes having honest conversations about your intentions can prevent surprises and reduce the likelihood of challenges.

Professional Guidance: Discuss your specific situation with a lawyer who can explain what options are actually available within Manitoba’s legal framework.

Don’t Go It Alone

Disinheritance decisions are legally and emotionally complex. What seems straightforward can create expensive legal battles for your surviving family members. We can help you understand your options, document your decisions properly, and structure your estate to minimize the chance of successful challenges.

If you’re wrestling with difficult family dynamics in your estate planning, we’re here to help you navigate these sensitive decisions with both legal precision and practical wisdom.

Ready to discuss your estate planning concerns? Give us a call at (204) 925-1900 or click here to contact us online; we’ll help you make informed decisions that protect your wishes and your family.