Can I disinherit my spouse or child in Virginia?

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1. Spousal Disinheritance.   Virginia is a separate-property state. Effective January 1, 2017, Virginia adopted the UPC partnership-theory approach. Under Va. Code § 64.2-308.4, the surviving spouse may elect to take   50% of the marital-property portion of the augmented estate  , with the marital-property portion calculated on a   sliding scale from 3% (less than 1 year of marriage) to 100% (15 or more years of marriage)   per Va. Code § 64.2-308.5.    2. Augmented Estate.   Va. Code § 64.2-308.3 defines the augmented estate as the sum of (i) decedent's net probate estate, (ii) decedent's non-probate transfers to others, (iii) decedent's non-probate transfers to the surviving spouse, and (iv) the surviving spouse's property and non-probate transfers to others — full UPC § 2-202 conformity.    3. Elective Share Procedure.   The election must be filed within   six months after admission of the will to probate or qualification of an administrator   under Va. Code § 64.2-308.8.    4. Pretermitted Child.   Under Va. Code § 64.2-422, a child born or adopted after the will is executed who is neither provided for nor mentioned receives the intestate share unless the omission was intentional.    5. Intentional Disinheritance of Child.   Adult and known children may be entirely disinherited; no forced heirship.    6. Louisiana Forced Heirship.   Does not apply in Virginia.    7. Prenuptial / Postnuptial Waiver.   Virginia has adopted the Premarital Agreement Act at Va. Code § 20-147 et seq.; waivers are enforceable with voluntary signing and disclosure or knowing waiver.    8. Homestead, Family Allowance, Exempt Property.   Family allowance under Va. Code § 64.2-309 ($24,000), exempt property up to $20,000 under § 64.2-310, and homestead allowance of $20,000 under § 64.2-311, all in addition to the elective share.    9. Will Contest Grounds.   Lack of capacity, undue influence, fraud, or improper execution; contest filed in circuit court within one year of probate under Va. Code § 64.2-448.  This is legal information, not legal advice.