The general answer is yes if you have a Will professionally drafted by Claphams Solicitors. Nonetheless there are some legal protections for children which you shall need to bear in mind.
At present any child (ren) are entitled to legal rights from your net moveable Estate (bank accounts etc) after the deduction of liabilities. This includes adopted children but not step children. These arise as of right and do not need to be ‘claimed’ despite the popular misconception.
Presently legal rights are recoverable from one third of the net moveable Estate if you are survived by a spouse/civil partner or one half if you are not survived by a spouse/civil partner. Different rules apply if you die without a Will.
The Scottish Government is presently looking at abolishing legal rights and replacing it with a new right called the legal share. This would be recoverable from heritable property (houses etc) as well as moveable property.
Those writing their Will can often wish to write a child out of it for numerous reasons, for example, that they have already received money in lifetime or due to some family dispute.
Mitigating legal rights is not an easy process and those who involve themselves in so doing are best advised by Claphams Solicitors. Mitigation can take the form of transfers of assets out of your Estate or various other options on which we can advise you.
When trying to mitigate legal rights it is important to acknowledge that you may be giving away assets or at least the control of them for when you need them in the future. This may impact the level of care you are able to afford due to the infirmities of life outwith our control.
Mitigating legal rights and removing an unwanted heir is possible and here at Claphams Solicitors we can offer practical and positive advice based on your individual circumstances.