(Scotland) Named in will - help please?

benjymaria

Hello,

I'm hoping someone can shed some light on this without me having to ask a solicitor - I don't want to be seen as money grabbing or greedy when really I just want to know the situation. This applies to Scotland/Scots law, which I understand differs from the rest of the UK.

My cousin died 31st May leaving me a sum of money (£2000) and the same amount to around 5 other family members and friends. She was estranged from her son but I've since been told by her lawyer that as her only child he is entitled to half of all her moveable assets. My question is, does this mean that her son is entitled to half of ALL her money not tied up in property or only half of her money not already set aside by her in her will to other people? I presume it's the former?

My second question is with regards to her house, a third of which she has left to me (or a third of the proceeds after it is sold). Am I right to assume that this is a not a moveable asset and therefore her son has no entitlement to claim?

Final question, at what point is the money (the sums of £2000) given to the benefactors? Does this happen only after the house has been sold and all expenses paid, or are "moveable assets" treated separately?

Many thanks in advance for any advice you can offer.

g6jns_2

benjymaria wrote: »

Hello,

I'm hoping someone can shed some light on this without me having to ask a solicitor - I don't want to be seen as money grabbing or greedy when really I just want to know the situation. This applies to Scotland/Scots law, which I understand differs from the rest of the UK.

My cousin died 31st May leaving me a sum of money (£2000) and the same amount to around 5 other family members and friends. She was estranged from her son but I've since been told by her lawyer that as her only child he is entitled to half of all her moveable assets. My question is, does this mean that her son is entitled to half of ALL her money not tied up in property or only half of her money not already set aside by her in her will to other people? I presume it's the former?

My second question is with regards to her house, a third of which she has left to me (or a third of the proceeds after it is sold). Am I right to assume that this is a not a moveable asset and therefore her son has no entitlement to claim?

Final question, at what point is the money (the sums of £2000) given to the benefactors? Does this happen only after the house has been sold and all expenses paid, or are "moveable assets" treated separately?

Many thanks in advance for any advice you can offer.

This should help

http://www.scotland.gov.uk/Publications/2005/12/05115128/51285

Le3gaicies are not usually paid until the estate has been wound up.

sleepless_saver

It will be a share of all the moveable assets, not just money. So it would include a share of the value of furniture, jewellery etc. And it would be calculated from the total value of those assets not the amount after other specific legacies have been taken off. Depending on the total value of the moveable estate, it is always possible that the 6 £2000 shares might need to be reduced so that the son can get his correct share which would take priority.

The son has no right to the house, just the contents.

It could take a while to get your legacy, sometimes an interim payment is made but a lot of the time it's not until the whole estate is settled and all liabilities e.g. pension overpayments, inheritance tax, outstanding bills met. You should expect to wait at least 6 months.

Useful link on the process in Scotland

benjymaria

Many thanks, both g6jns and sleepless saver. I appreciate your time and advice.