Must I leave something to my spouse and my children in my will?

f you leave your spouse out of your will, they can elect against that will and elect to have thirty percent of your assets distributed to them instead, unless of course you have a prenup or a postnuptial agreement in place. It is best to look at this from the point of few as, “How can I best protect these assets for use my my spouse as well as use for the benefit of my children?” You can leave children out, but you cannot generally leave a spouse out of your plan unless you have protections in place through some kind of postnuptial or prenuptial agreement.