Contesting a will (Scotland)

Geddale

Wonder if anyone can help, My wife`s father remarried after he was widowed and cut all ties to my wife as his new wife came with a new family. When he dies can my wife contest his will (it`s in Scotland) as when her mother died she also lost her only sibling around the same time and her father inherited money from their deaths.

Julie_J

All I know is that Scottish Law on inheritance is different to English law - so I think you would need to look there.

Mojisola

See what this says: https://www.scotwills.co.uk/index2.html

dzug1

In Scotland the children of the deceased are entitled to a certain portion of the 'moveable' estate.

To get this you don't 'contest the will', you just ask the executors for your share and they are obliged to pay you.

Torry_Quine

As above. In Scotland you cannot disinherit a child even if they aren't in the will.

Robert2009

In Scotland you cannot disinherit a child even if they aren't in the will.

My uncle did that to one of his sons, he wrote the will himself (as you can do in Scotland as long as it is witnessed properly)and specifically said that his son was not to get anything.

He had 2 sons and the money was divided equally between them even although the favoured son tried to deny his brother anything. There was no house.

scotsbob

I have always known that in Scotland a surviving spouse is entitled to one third and surviving children entitled to one third irrespective of what a will says.

However, I have always wondered how this applies. Is it if the will is written in Scotland, if any parties simply live in Scotland or is there some other criteria? Does anyone know?

Robert2009

Is it if the will is written in Scotland, if any parties simply live in Scotland or is there some other criteria?

I believe you can write a will anywhere you like, it is where the will writer is normally domiciled and where there property is.

Therefore someone who is normally domiciled in Scotland and wants to disinherit their relative cannot hop on the bus to Carlise, free from Scotland if you are over 60, get a will written that their son is getting nothing, then go back home to Scotland. That will not work.

Other than that you will have to consult a solicitor or wait until someone else comes along.

Savvy_Sue

Robert2009 wrote: »

My uncle did that to one of his sons, he wrote the will himself (as you can do in Scotland as long as it is witnessed properly)

and as you can do in the rest of the UK, same conditions apply.

Robert2009 wrote: »

and specifically said that his son was not to get anything.

He had 2 sons and the money was divided equally between them even although the favoured son tried to deny his brother anything. There was no house.

However, if he'd taken legal advice he might have been told how he could either do what he wanted, or at least get closer to what he wanted to do.