Did you know that in Scotland children cannot be completely disinherited by their parent?
The law now means that even if you are not mentioned as a beneficiary in the Will of your parent you would still have the right to claim the estate which takes priority over the terms of the Will.
Key Takeaways:
- Children can’t be fully disinherited – They have a legal right to claim part of the moveable estate, even if left out of the Will.
- Legal Rights only cover moveable assets – Money, jewellery, and personal items, not land or property.
- Claims can be made up to 20 years after the parent’s death.
- Blended families need careful planning – Stepchildren aren’t automatically included, and biological children may still have a claim.
- You can’t remove rights, but you can plan around them – Structuring your estate and updating your Will regularly helps protect your wishes.
If you have been left out of a parent’s Will then you have 20 years from the date of death to claim or discharge legal rights. When there is a surviving spouse or civil partner Scottish law states that a child’s claim to Legal Rights amounts to one third of the moveable estate which would then be shared equally between siblings. However, if there is no surviving spouse or civil partner then you would be entitled to one half of the moveable estate.
Moveable Estate includes things such as money, jewellery, vehicles, and other personal possessions. The moveable estate does not include property or land of the deceased.
What Can You Do If You Want to Leave a Child Out?
If you feel strongly that a particular child should not inherit from you, it’s important to be realistic about what can and cannot be done under Scottish law. While you can leave them out of your Will, their legal rights still allow them to claim a portion of your moveable estate.
One option is to reduce the amount of moveable assets you leave behind — for example, by holding more value in property or land, which isn’t subject to these claims. Some people also choose to gift items during their lifetime, although this needs to be managed with care to avoid possible issues later.
Think Carefully in Blended Family Situations
If you have a second partner, stepchildren, or children from previous relationships, planning your Will becomes even more important. Stepchildren have no automatic right to inherit unless you include them in the Will. Meanwhile, biological children — even if not close to you — could still have the right to claim.
Situations like this often lead to disputes or confusion after someone dies. The best way to avoid that is by being clear about your wishes and understanding the rules that apply.
Keep Your Will Updated
It’s easy to forget about your Will once it’s written, but reviewing it every few years is a good habit — especially if your relationships, finances, or family setup change. Keeping it up to date helps avoid mistakes and makes things clearer for those left behind.
If you have a child you do not wish to inherit from you it is vital that you get the correct advice when writing your Will to minimise what you leave to them. To making a will call ILAWSSCOTLAND free on 0800 048 9688.
Conclusion
Writing a Will in Scotland involves more than just deciding who gets what — especially when it comes to children. Even if a child is left out of a Will, they may still have the right to claim from your moveable estate. That’s why it’s important to plan ahead, understand how inheritance rules work, and think carefully about how your assets are divided.
Whether your family setup is straightforward or more complex, reviewing your Will regularly and making informed choices can help make sure your wishes are followed and avoid future disputes. Taking the time to get things right now can make all the difference later on.
FAQ:
1. Can I fully disinherit my child in Scotland?
No, Scottish law prevents you from fully disinheriting a child. Even if they are left out of your Will, they have a legal right to claim a portion of the moveable estate.
2. What is considered the moveable estate in Scotland?
The moveable estate includes assets like money, jewellery, vehicles, and personal belongings. It does not include land or property.
3. How much can a child claim from the estate if they are left out of the Will?
If there’s a surviving spouse or civil partner, a child can claim one-third of the moveable estate, which is divided equally among siblings. Without a surviving spouse, the child is entitled to one-half of the moveable estate.
4. How long do children have to claim their legal rights?
Children have up to 20 years from the date of the parent’s death to claim their legal rights to the estate.
5. What should I do if I don’t want a child to inherit from me?
While you can’t fully disinherit a child, you can manage your estate by transferring more assets to property or land, which is not subject to legal rights claims, or gifting items during your lifetime.
