Disinheriting a Child in Georgia: The Myths That Cause the Biggest Messes

The estate planning process may seem simple, but it can be emotionally charged. I’ve guided hundreds of families through discussions about topics that most of us were taught never to bring up in polite company, such as death, taxes, money, and family dysfunction.

Living at the intersection of these issues is one of the most difficult and misunderstood estate planning topics of all: disinheriting a child. If you’re thinking about taking this step (or you know someone who’s considering it), you need to tread carefully. There’s a lot of advice floating around, and not all of it is good. Many of the most common tips are either outdated, incomplete, or actively harmful, especially under Georgia law. If your goal is clarity (and reducing the odds of conflict later), it’s worth separating myth from reality before you do anything.

Here’s a list of the five misconceptions I see most often.

Misconception 1: “In Georgia, you can’t disinherit a child.”

Generally speaking, in Georgia, you can choose not to leave an inheritance to an adult child. Georgia is not a “forced heirship” state that automatically reserves a required share for children in the way some people assume. The key is doing it deliberately and clearly, so your intent cannot be misinterpreted.

Misconception 2: “Just leave them $1 so they can’t contest.”

This is the myth we hear most: “If I leave my child a dollar, they can’t challenge the will.” In reality, leaving a token gift often creates new problems without providing real protection.

Why? First, a $1 gift doesn’t prevent a will contest. Contests are typically based on claims like undue influence, lack of capacity, fraud, or improper execution, not on whether someone received a small amount. Second, in many cases, leaving a token gift can give that person the status of a beneficiary, which may increase their ability (and motivation) to demand notices, accountings, and court involvement during probate.

If your intention is to leave nothing, it is cleaner to say so directly than to create a symbolic “insult check” that complicates administration.

Misconception 3: “If I don’t mention them at all, they’re automatically out.”

This seems obvious, but it doesn’t always work, especially because an omission can be argued as unintentional or inadvertent.

Georgia has protections for certain “omitted” family members in specific circumstances. The most common example involves an after-born or after-adopted child (or a posthumous child). For example, if a child is born or adopted after a will is executed and the will does not provide for that child, Georgia law may treat the omission as unintentional, potentially giving the child an intestate share, unless the will shows the omission was intentional or the child was otherwise provided for.

This is one reason “I’ll just leave them out entirely” can backfire. Clear drafting matters, especially when family circumstances change.

Misconception 4: “A no-contest clause guarantees nobody will challenge anything.”

Georgia does recognize in terrorem (no-contest) clauses, but they are not magic. The statute includes important requirements and limitations, and certain actions (like seeking interpretation/enforcement of the will or pursuing relief against a personal representative) may not trigger forfeiture.

No-contest clauses can be useful in the right situation, but they must be drafted carefully and paired with an overall plan that matches your goals.

Misconception 5: “My will controls everything I own.”

A will only controls assets that pass through probate. Many assets transfer by beneficiary designation or title, such as retirement accounts, life insurance, and jointly owned property. If those designations still name the child you meant to disinherit, the will won’t fix it. (This is one of the most common “surprise inheritances” we see.)

Disinheriting a Child is Not a Do-It-Yourself Project

If you’re considering disinheriting a child, the goal isn’t simply “leave them out.” The goal is to build a plan that is:

• Unambiguous about your intent

• Legally consistent across wills, trusts, and beneficiary designations

• Updated after major life changes (births, adoptions, marriages, divorces)

• Harder to attack because the documents were properly executed and reflect a coherent plan

If you want to disinherit a child in Georgia, the smartest next step is not a DIY workaround, it’s a conversation with an estate planning attorney about your specific family dynamics, asset structure, and risk factors. If you would like help reviewing your current plan, I can walk you through options tailored to your situation. Call Kimbrough Law at 706.850.6910 to schedule a consultation.

This article is for general educational purposes and not legal advice.