Writing a will is an important part of estate planning. It allows you to decide how your assets will be distributed after your death. In some cases, it may be necessary to exclude a child from a will. In Scotland, there are specific rules and regulations that must be followed when excluding a child from a will. This article will explain how to exclude a child from a will in Scotland.
Understanding Exclusion From a Will
Exclusion from a will occurs when the deceased chooses to exclude a specific person from receiving any assets from the estate. This may occur for a variety of reasons, such as if the person has already been provided for in a separate trust. It is important to note that exclusion from a will does not necessarily mean that the person being excluded will be completely disinherited or not receive any of the deceased’s assets. The excluded person may still be able to access other assets, such as those held in a trust.
Excluding a Child From a Will in Scotland
In Scotland, a child can be excluded from a will if the deceased has made a valid will and the child is not a ‘child of the family’. A ‘child of the family’ is defined as a legitimate or adopted child, a child who has been treated as a child of the family by the deceased, or a child who was born during the marriage of the deceased and their spouse. If the child meets any of these criteria, they cannot be excluded from the will.
If the child does not meet any of these criteria, then the deceased may choose to exclude them from their will. This must be done in accordance with the law, and the will must be drafted in accordance with the Wills and Succession (Scotland) Act of 2020. The will must clearly state that the child is being excluded, and the reasons for doing so must be included. The will should also be signed and witnessed in accordance with the law.
Excluding a child from a will in Scotland is a complex process that must be done in accordance with the law. It is important to seek legal advice before excluding a child from a will in Scotland, as this can have serious implications for the estate. Following the correct legal procedures and ensuring that all relevant information is included in the will can help to ensure that the exclusion is valid and enforceable.
