Disinheriting children under scots law

I have a client, domicile in Scotland, who wishes to arrange his estate in order to avoid leaving anything to three of his adult and non dependent children. He has substantial funds in life policies and SIPPS and I am wondering if by placing the life insurance in trust for his wife and remaining child, these funds are then outside the estate and do not form part of his moveable estate to which all four of his his children could lay claim. Similarly, if by creating a trust for his wife and remaining child, would nominating the trust as recipient of any pension death benefit be sufficient to place these funds out with the estate. My feeling is that placing the life policy in trust now places it outside the estate but that nominating a trust to receive pension death benefits may not work as they don’t pass into trust until death. What do forum members think?

John McFarlan
Medical Finance

I would tentatively suggest that life policies and pension death benefits can potentially be placed outside the scope of Scottish legal rights (the “legitim” fund, where a deceased’s children are concerned).

Needless to say, careful review of the life policy and pension documentation and drafting of the trust(s) would be advisable

Sandy Lamb WS