Scottish Will - Grandchildren legal rights

U67ml
U67ml Posts: 1 Newbie
edited 27 February 2016 at 6:59PM in Deaths, funerals & probate
My grandmother has left 4 of her 10 grandchildren out of her will. 6 grandchildren have been given a 6th, shared between them, of her property. Do I have a legal right to claim?

Comments

  • Legal rights of inheritance

    It is not possible under Scots law to make a Will that disinherits your spouse and descendants (children and grandchildren). Scots law gives your spouse and descendants legal rights to inherit part of your property.
    If you live in Scotland, the law gives your spouse and dependants certain legal rights to your what is called your 'moveable property', which means money, cars, jewellery, antiques and so on, but not land or houses.
  • itsanne
    itsanne Posts: 4,998 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 27 February 2016 at 11:41PM
    The children have rights but the grandchildren don't unless their parent who had rights has died, in which case they are entitled to what would have been their parent's share. See here.

    ETA I hadn't spotted you specified "property". If you mean buildings type property there are no rights. If you mean things like jewellery then the above applies.
    . . .I did not speak out

    Then they came for me
    And there was no one left
    To speak out for me..

    Martin Niemoller
  • You say property, if you mean a house or land then no there is right to inherit. There is for movable assets, but even then you really should respect the deceased wished, there must of been a reason she decided not to bequeath some of her GC part of her estate.
  • itsanne
    itsanne Posts: 4,998 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You say property, if you mean a house or land then no there is right to inherit. There is for movable assets, but even then you really should respect the deceased wished, there must of been a reason she decided not to bequeath some of her GC part of her estate.

    This is correct. I hadn't spotted "property" in the opening post!
    . . .I did not speak out

    Then they came for me
    And there was no one left
    To speak out for me..

    Martin Niemoller
  • Maybe the 4 left out weren't born when she made her will?

    You don't give much detail. What happened to the Grandmother's children? Are the four disinherited all children of the same parents?
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