Scottish law, legal rights claim, and deed of variation

spock007

I'm sorry

Yorkshireman99

Accepted with thanks. It just makes it easier to follow. No hard feeelings.

spock007

No hard feelings, I definitely jumped in there..! Thanks for saying it nicely!

Yorkshireman99

You are very welcome. I hope you get your problem resolved.

maximumgardener

iwilson16 wrote: »

I am executor of my late step-mothers will. Her two children (both adults) are not named in the will, but plan to claim 50% of the estate as is their right under Scottish law (my father passed away 5 years ago, so there is no surviving spouse). Only two out of three grandchildren are named in the will.

Can one of the children use a deed of variation to pass on their portion of the 50% to someone else (the grandchild missed of off the will, in this case)?

Thanks
Ian

hope you are making some progress?
further thoughts........
1. The will exists and says what it says. That was the deceased's last will and testament and
if all legally in order , then it should be followed.
2. Any variations on above are a separate matter
3. Any challenges by those "left out" are also a separate matter and would incur legal costs and may fail . careful thought required here. Its good you know about this but important that you say focussed on your duty as executor.

good luck