Can I disinherit a spouse in a will?

Yes, you can disinherit a spouse in a will in Virginia. According to the Virginia Code, a spouse cannot automatically receive any of your property if you do not include them in your will. If the deceased has a surviving spouse and no children, the surviving spouse is entitled to one-third of the deceased’s estate. However, if other beneficiaries are named in the will, the surviving spouse will not receive any of the property mentioned in the will. The surviving spouse is also not entitled to any of the property if he or she was not married to the deceased at the time the will was executed. Furthermore, if a prenuptial agreement is in place, it may also disinherit the surviving spouse from receiving any of the deceased’s assets. If you are considering disinheriting your spouse in your will, it is important to have an experienced will and probate lawyer to help you draft an appropriate document that will ensure your wishes are followed. It is also important to communicate to your spouse that you are considering disinheriting them to ensure there are no misunderstandings. Furthermore, it is important to update your will regularly as your circumstances and wishes may change with time.

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