Can I disinherit my spouse or children?

You can disinherit your spouse or children in a will. Your children, however, enjoy a special status under inheritance law. They are always entitled to a portion of their parents’ estate. It does not matter whether the children are on good terms with their parents. If children agree to their being disinherited, they receive nothing from the estate.

Legitimate portion

A parent can disinherit a child in a will but the child can still demand part of the estate, known as the legitimate portion. Children are always entitled to their legitimate portion. The legitimate portion consists of money only. A disinherited child cannot demand the money until after the death of the surviving spouse, registered partner or partner with whom the deceased person cohabited or had a cohabitation agreement

Disinherited spouses

Disinherited spouses are not entitled to a legitimate portion but they do have other rights. These include the right to continue using the marital home and furnishings for a period of six months if necessary for their care.

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