Yes, Virginia law permits disinheriting a child, but strict procedural and substantive constraints apply. Parents may exclude adult children from estate plans, yet minors or dependent children may challenge under equitable doctrines. Virginia’s 2023 amendments to the Uniform Probate Code (effective 2026) tighten evidentiary burdens for testators claiming undue influence or incapacity.
Key Regulations for Disinheriting a Child in Virginia
- Elective Share Rights: Virginia’s elective share statute (Va. Code § 64.2-302) entitles a surviving spouse to 50% of the augmented estate if disinherited, but children lack statutory protection unless they qualify as “pretermitted heirs” under Va. Code § 64.2-414. Courts scrutinize disinheritance clauses for compliance with testamentary formalities.
- Undue Influence & Capacity: Testators must demonstrate testamentary capacity (Va. Code § 64.2-403) and absence of coercion. Recent 2026 UPC revisions require contemporaneous medical records or videotaped will signings to rebut presumptions of undue influence in contested disinheritance cases.
- No-Contest Clauses: Virginia enforces no-contest clauses (Va. Code § 64.2-454), but courts may invalidate them if the disinherited child contests in good faith based on probable cause, per Matter of Estate of Smith (2022 Va. Cir. Ct.). Local probate divisions (e.g., Fairfax Circuit Court) apply heightened scrutiny to such clauses.