Scottish will. How do I renounce my legal rights?
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MMF007
Posts: 1,375 Forumite
As a child of the deceased who lived and died in Scotland (my dad) I have a legal right to a percentage of the moveable estate. Dad had made a will which leaves everything to mum and we both wish that to be the case, and to renounce our legal right to the %.
I wonder if my brother and I have to formally renounce that legal right to inherit something and if so how do we go about that?
I am an executor of the will so I assume I need it in writing before I can administer the rest of the estate?. ( I understand about getting confirmation to deal with ingathering etc because the estate is classed as a large estate).
I wonder if my brother and I have to formally renounce that legal right to inherit something and if so how do we go about that?
I am an executor of the will so I assume I need it in writing before I can administer the rest of the estate?. ( I understand about getting confirmation to deal with ingathering etc because the estate is classed as a large estate).
I have changed my work-life balance to a life-work balance. 
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I am afraid I have no idea but I just wanted to say I bet your dad would be proud that you and your brother are looking after your mum. Complete opposite to the how can I get as much as I can type threads we usually see on here.I am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
When my grandfather died my mother and her sisters had to sign a document saying they did not wish to claim so that it could all go to their mother.
This was done through a solicitor.0 -
Sorry for your loss :sad:
I don't think that you need to formally renounce your prior rights. My family are in Scotland, and when my dad died everything went to my mum because that's what his will said. It certainly didn't cross my mind anyway (and I doubt my brothers) that she wouldn't get it all. My mum was the executor, and I certainly don't remember signing an affidavit or renunciation.
I think it's just a case of you not acknowledging the rights, however you might want to consult a solicitor.0 -
You should get a letter asking if you wish to renounce, the solicitor will deal with it.0
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I renounced my rights to my wife's estate - for complex reasons which need not concern us. I signed a form produced by my wife's solicitor. There was sufficient legalese in it that it would require a solicitor to draw one up.0
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bluebear36 wrote: »Sorry for your loss :sad:
I don't think that you need to formally renounce your prior rights. My family are in Scotland, and when my dad died everything went to my mum because that's what his will said. It certainly didn't cross my mind anyway (and I doubt my brothers) that she wouldn't get it all. My mum was the executor, and I certainly don't remember signing an affidavit or renunciation.
I think it's just a case of you not acknowledging the rights, however you might want to consult a solicitor.
As executor it would have been your mother's responsibility to do it.
It guard against someone coming along in later years and claiming their legal right to a share of the estate.
In Scotland legal rights take precedence over a will. Nobody can be denied their legal rights as opposed to England where the will has the final say.0 -
As executor it would have been your mother's responsibility to do it.
It guard against someone coming along in later years and claiming their legal right to a share of the estate.
In Scotland legal rights take precedence over a will. Nobody can be denied their legal rights as opposed to England where the will has the final say.
She had a solicitor involved who should've advised her better. It's not illegal not to renounce the rights, just not the most sensible.
Legal rights are automatically discharged after 20 years. As I said, my brother and I are never going to act on those rights so in 8 years time the rights become obsolete.0 -
http://www.journalonline.co.uk/Magazine/53-5/1005287.aspx
This article from 2008 suggests that any renouced monies is directed to the Queen’s & Lord Treasurer’s Remembrancer (QLTR) and not back to the deceased's estate. The QTLR has responded with:In these particular circumstances it appears that an action of reduction would not be necessary. The QLTR has confirmed that if there are surviving blood relatives and the intention of the renouncing party is clear, the Crown will not assert its rights under the 1964 Act. In such circumstances the Crown will provide a letter confirming that it does not assert its rights to the estate, with the intention that its interest is subsumed into the free estate for distribution to the remaining claimants. The Crown has confirmed that an entry to this effect will be included in its published policies in due course.
The Crown’s response to this matter appears to ensure that the interests of beneficiaries are protected in the circumstances where others wish to redirect their succession rights to their benefit. However, the Crown does require that the intention of the renouncing party is clear.
There may well be more up to date guidance / information / policy so it would be best to seek clear legal advice.0 -
http://www.journalonline.co.uk/Magazine/53-5/1005287.aspx
This article from 2008 suggests that any renouced monies is directed to the Queen!!!8217;s & Lord Treasurer!!!8217;s Remembrancer (QLTR) and not back to the deceased's estate. The QTLR has responded with:
There may well be more up to date guidance / information / policy so it would be best to seek clear legal advice.
That article discusses the situation when someone dies intestate - the OP's father left a will.0 -
Thank you everyone. As the rights can be claimed for the 20 years after the death my brother and I are certainly going to given a written statement for filing with the executor's records, renouncing the rights completely. That way no-one can suddenly slip a claim in later! For mum's protection really, 'cos she'd lose out as both the beneficiary and as an executor administering the will.
The rest of the process is straightforward but time consuming!I have changed my work-life balance to a life-work balance.0
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