I am asked: —
My husband has 2 grown up children from his first marriage who live in England. He has had no contact for 26 years. He categorically only wants them to receive the bare minimum that they have to and ideally would like to disinherit them completely. We both have wills here in Scotland and the solicitor said they get a third of the movable estate.
How can we ensure that they get nothing at all of my estate if I die. The savings that we do have is what we will need to live of during our retirement and that would be applicable should either of us die.
I think this is deserving of the post all its own because it encompasses a number of issues.
You need not fear. As long as you have not adopted these children, they have no entitlement to inherit from you, at all. If you do not mention them in the will, they will not get anything.
Your husband is in a different category, however. The solicitor is correct in his case. The law of Scotland considers it a public good not to allow complete disinheritance. Whether you agree with that or not is a matter of personal opinion. I rather suspect that those children would take a different view if their stepmother inherited everything and they eventually received nothing from their father’s estate.
This was a comment on my blog post Can I Disinherit My Children in Scotland?
Bruce de Wert , Director
I offer a quick and inexpensive, online, Scottish Will Service at www.MyScottishWill.co.uk
Disclaimer: A blog is not legal advice. You should check your personal circumstances with a solicitor as small details can make a difference!