When you prepare a will, you need to be cognizant of different facts. One of the more significant ones is inheritance rights. No matter what your personal feelings towards an immediate family member or members, you may not be able to legally exclude him or her or them from your will entirely. In certain instances, the law perceives the individual or individuals to have an inherent right to inherit. The law, therefore, overrides the wishes you express in your will. Inheritance rights usually extend to the surviving spouse and frequently offspring and grandchildren. You cannot eliminate or cut them out completely from your will. The laws of some states prohibit the elimination of a spouse from the will. She or he is entitled to between 1/3 and ½ of the estate. The law also protects children from accidental disinheritance – occurring when a child is born after the will has been made.