Scottish will question

nico26

My neighbours elderly Aunt has just died No will. She has no children.She lived in sheltered accomodation so no property to sell.She has a living sister(whos family have taken control) and had a brother who died. The arguement is when the estate is shared Does the dead brothers wife or children have any claim on the estate or does it go soley to the living sister. I said I thought they are entitled to a share(the dead brothers ) but the rest of family say no. All they are doing is fighting and arguing instead of going to a solicitor.to check..

Be_Happy

As far as I understand it, when the beneficiary has died their share is passed to their children. In this case the estate would go half to the living sister and the other half shared among the dead brother's children.

EdInvestor

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingMoney/PlanningYourPersonalFinances/DG_10013642

Here are the rules.

dzug1

EdInvestor wrote: »

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingMoney/PlanningYourPersonalFinances/DG_10013642

Here are the rules.

Not for Scotland.

They are here:

http://www.scotland.gov.uk/deleted/library/documents-w10/ros-00.htm

(admittedly linked from direct.gov.uk if you look closely enough)

nico26

Thanks for that.I will let her see this. When her grandfather died the other side gave them nothing at all.They said they wern't entitled to anything.I'd hate to see them get away with it again. Not that they desperately want the money but anything they would be entitled to would go to make their mothers life a bit more comfortable.

RAS

How much was grandfather's estate worth?

googler

By 'taking control' do you mean that a member or members of the living sister's family have applied for, and gained, Executor-Dative over the estate?

Also, for sake of clarity, is this a 'small estate' (under £30,000) or a 'large estate' (0ver £30,000) - different rules and procedures apply to each.

The rights of succession are clear - spouses have prior rights, which don't seem to apply in this case. Legal rights to children and spouse don't apply, therefore :

3. Other Rights on IntestacyAfter any prior rights and legal rights have been satisfied, the remainder of the intestate estate, both heritable and moveable, devolves (without distinction between heritable and moveable estate) in the following order, any surviving relative in an earlier group taking precedence, thereby precluding any surviving relatives in a later group from succeeding to any part of the estate, viz.:-(a) Children take the whole.(b) Either or both parents and brothers and sisters - half to parent or parents and half to brothers and Sisters.(c) Brothers and sisters take the whole.

---

Assuming none of the deceased's parents or their siblings are alive, all else after this point is irrelevant - since the deceased has a living sister, the sister 'takes the whole' of the estate.


No need to check with a solicitor.

googler

See 13B herein;

http://www.scotland.gov.uk/Publications/2003/08/17011/21439#b10

googler

nico26 wrote: »

Thanks for that.I will let her see this. When her grandfather died the other side gave them nothing at all.They said they wern't entitled to anything.I'd hate to see them get away with it again. Not that they desperately want the money but anything they would be entitled to would go to make their mothers life a bit more comfortable.

I'm lost as to who's who here.

When her Grandfather died, was her Grandmother still alive? Were any of their brothers and sisters alive at this point? What children were there?

Be_Happy

googler wrote: »

By 'taking control' do you mean that a member or members of the living sister's family have applied for, and gained, Executor-Dative over the estate?

Also, for sake of clarity, is this a 'small estate' (under £30,000) or a 'large estate' (0ver £30,000) - different rules and procedures apply to each.

The rights of succession are clear - spouses have prior rights, which don't seem to apply in this case. Legal rights to children and spouse don't apply, therefore :

3. Other Rights on IntestacyAfter any prior rights and legal rights have been satisfied, the remainder of the intestate estate, both heritable and moveable, devolves (without distinction between heritable and moveable estate) in the following order, any surviving relative in an earlier group taking precedence, thereby precluding any surviving relatives in a later group from succeeding to any part of the estate, viz.:-(a) Children take the whole.(b) Either or both parents and brothers and sisters - half to parent or parents and half to brothers and Sisters.(c) Brothers and sisters take the whole.

---

Assuming none of the deceased's parents or their siblings are alive, all else after this point is irrelevant - since the deceased has a living sister, the sister 'takes the whole' of the estate.


No need to check with a solicitor.

Sorry I don't agree with this. If you read further on the Scottish rules, you come to the following note:

(ii) There is representation in all branches of succession, i.e. where any relative who would, if alive, have been entitled to succeed to the whole or any part of the intestate estate has predeceased leaving children, such children take equally among them the share which their deceased parent would have received if in life.

This seems to make it clear that the children of the deceased brother will receive the share their father would have had.

googler

Oops. Mea culpa.