Occasionally it happens that a parent wishes to cut off a child from any inheritance. Rarely one spouse wants to exclude the other. The question arises, can that be done?
The answer is "yes" if the heir is a child or anyone besides a spouse. In Utah a spouse is entitled to what he or she would receive if the decedent died intestate (without a will) even if the will says the spouse is to receive nothing. This is called the spouse's elective share. When it comes to anyone besides a surviving spouse a person is entitled to include or exclude whomever she sees fit.
Before deciding to exclude someone from a will, it's important to think through the reasons for wanting to do this. Usually the person disappointed the decedent in some way, such as by dropping out of school, marrying the "wrong" person, becoming involved in drugs, crime or some other illegal or immoral activity. Then think about the legacy you as the maker of the will that excludes this person will leave. How will you be remembered by this person and any others who learn of the decision to exclude that person? Is that a legacy you want to leave?
Distributing one's estate shouldn't be about rewarding or punishing anyone. It's about giving away what you can't take with you. You have no use for anything after you're dead; why should you care particularly who receives it or what they do with it?
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