Scottish law, legal rights claim, and deed of variation

13

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  • spock007
    spock007 Posts: 196 Forumite
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    I have a question relating directly to this topic!

    Wife leaves everything to husband in will.
    Husband is to divide money afterward.
    Money to one estranged child is less than legal rights claim would allow.

    How do you work around this? The house is in husband's name only - should wife put her name on the mortgage and put her money completely into the house so that it is not "moveable" ? This seems the only way...?
  • spock007
    spock007 Posts: 196 Forumite
    First Anniversary First Post Combo Breaker Mortgage-free Glee!
    Forgot to add:

    If wife gifts husband 20k and one daughter 10k one year prior to passing, what are the tax implications?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 12 October 2017 at 12:07PM
    spock007 wrote: »
    I have a question relating directly to this topic!

    Wife leaves everything to husband in will.
    Husband is to divide money afterward.
    Money to one estranged child is less than legal rights claim would allow.

    How do you work around this? The house is in husband's name only - should wife put her name on the mortgage and put her money completely into the house so that it is not "moveable" ? This seems the only way...?
    Putting a name on a mortgage is not as easy as you think. Your question really just illustrates the need to get proper professional advice before making a will or taking out a mortgage. It is not as though the law of succesion in Scotland, or anywhere else in the UK, is obscure. If someone makes a will without proper advice then they have only themselves to blame.
  • spock007
    spock007 Posts: 196 Forumite
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    A will was made but this topic wasn't made aware.. wife arranging meeting on Monday.
  • Keep_pedalling
    Keep_pedalling Posts: 16,585 Forumite
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    spock007 wrote: »
    A will was made but this topic wasn't made aware.. wife arranging meeting on Monday.

    Do they actually reside in Scotland?
  • spock007
    spock007 Posts: 196 Forumite
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    Yes, all in Scotland.
    Will was made but legal right wasn't made aware of.
    The only way wife can see to reduce the amount of moveable asset, is to make it non-moveable... which means paying into the house. But that's not in wife's name so not sure of the tax implications for husband. It is essentially a gift but if gift is within 7 years of passing, is it subject to IHT (or any other tax)?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    spock007 wrote: »
    Yes, all in Scotland.
    Will was made but legal right wasn't made aware of.
    The only way wife can see to reduce the amount of moveable asset, is to make it non-moveable... which means paying into the house. But that's not in wife's name so not sure of the tax implications for husband. It is essentially a gift but if gift is within 7 years of passing, is it subject to IHT (or any other tax)?

    Husband dies first, then what.

    Gifts between spouses don't count for the 7y rule you are thinking about.


    Is there a mortgage need lender to agree, if not easy to change owners.
  • spock007
    spock007 Posts: 196 Forumite
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    edited 11 October 2017 at 3:01PM
    Are you saying a gift between spouses is "allowed" and not subject to IHT or CGT within the 7 years?

    If mortgage stays in one persons's name only other half is allowed to pay a chunk off that person's mortgage without that money being considered as estate?

    And is that "gift" counted as total estate when it comes to legal right, or since it has already been gifted, is that money that isn't touchable?



    ---> I just rung HMRC.

    - Wife can gift spouse as much money as she wants and it incurs no tax.

    - If wife gifts all her estate away then there is no estate with which to place a legal right claim upon.

    So let's hope that is correct!
  • maximumgardener
    maximumgardener Posts: 299 Forumite
    to OP

    how was your meeting with solicitor?

    did it clarify the position?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    spock007 wrote: »
    Are you saying a gift between spouses is "allowed" and not subject to IHT or CGT within the 7 years?

    If mortgage stays in one persons's name only other half is allowed to pay a chunk off that person's mortgage without that money being considered as estate?

    And is that "gift" counted as total estate when it comes to legal right, or since it has already been gifted, is that money that isn't touchable?



    ---> I just rung HMRC.

    - Wife can gift spouse as much money as she wants and it incurs no tax.

    - If wife gifts all her estate away then there is no estate with which to place a legal right claim upon.

    So let's hope that is correct!
    You really have confused matters by not starting a separate thread. Please be more considerate in future.
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