Inheritance Scotland - Legal Rights for Children

rpc

onlyroz wrote: »

Perhaps it was done because the mother knew the children would be accommodated for by this law.

Which would be a bit bizarre and just making life hard for the executor.

Normally, making this sort of accommodation would be done by specific bequests equal to (but not exceeding) the legal rights.

Merchandiser2367 wrote: »

The executor's solictor has written to us both with regards to the legal rights and that we are entitled to 1/4 of the moveable estate.

Is it a simple matter of replying directly to this solicitor stating we wish to claim this and then thye would respond with next steps?

You can:
- claim
- discharge
- ignore (not recommended)

Then you will either receive a cheque or not receive a cheque. Normally, there is little else to do.

You are a creditor to the estate just as a bank might be, so if you claim the debt you will get paid (with an accompanying paper trail that the executor will arrange) and then that will be that.

Barneyboy1_2

Hi Folks,
I'm enquiring for an elderly aunt, she's 81 years old and I hope someone can help.
Her widower brother died 3 weeks ago and she has now been contacted by his son on behalf of his 4 other siblings to inform this elderly lady that she is not entitled to any money from her brother's estate, she is her brother's only surviving sibling.
Initially she was told that she would be entitled to a share, this it would seem is no longer the case.
Barneyboy1 (Scotland)

BuntyB

Hi Barneyboy1
As there are surviving children, if there is no Will then the children will inherit. If there is a Will, only those named as beneficiaries will be entitled. As previously posted by others, if a child is left out of the Will, that child can claim legal rights but only on moveable estate.

BuntyB

Information is available on Scotland.gov.uk, or search online for Succession Scotland Act 1964

Spendless

onlyroz wrote: »

Perhaps it was done because the mother knew the children would be accommodated for by this law.

rpc wrote: »

Which would be a bit bizarre and just making life hard for the executor.

The actor Alan Cummings father did exactly that. I heard it on a radio programme, shortly before Christmas. He did it to mess with their minds, to put them in a position where they didn't know whether to keep the money or give it away. This article is a bit long, but it's mentioned in here.

http://www.thedailybeast.com/articles/2014/10/14/alan-cumming-the-truth-about-my-father.html

'Even after his death, his father wasn’t done with the “mind-****'ing,” as Cumming puts it. He left his sons out of his will, though he knew, under Scottish law and in the way he had left his estate, that it would revert to them. They had to decide what to do, if anything, with his money'.