How long does a child have to make a claim on an estate in Scotland?

Faith177

Just a general query for something that may happen in the future

A friend of the family owns a property in Scotland that he was originally going to leave my mum as she gave him the money for his deposit. When she passed away he amended the will to leave everything to me and my brother. After a falling out that has now changed to soley me and my husband. (there is a lot of background history here if it is needed i will give details but dont see the need right now)

He has a son with his ex wife that he hasn't seen in over 20 years and hasn't spoken to in about 3-4 years. We currently have no contact details for him, don't know where he is living and believe he may have changed his name but not 100% sure on this. His name is a fairly generic one aswell which doesn't help. I have only met him once when I was 7 so have no information on him to go with

The friend is now going through major health problems and it has made him want to get everything in order just in case so this is how I know the will has been changed. His concern is that once he passes and I inherit if his son ever finds out and realises he can get his pound of flesh he will come to me for his share.

Is there a time limit on when he can come to me for this? Will it do anything if the executor (who is not me) can prove he had done everything to try and locate this son and was unable to find him at the time?

Thank you for reading

colesy

A child is only entitled to a share of the moveable estate - money, jewellery etc. The child has no right to heritable property - land or property. This applies where there is a will. The rules are different for intestate estates.

Faith177

colesy wrote: »

A child is only entitled to a share of the moveable estate - money, jewellery etc. The child has no right to heritable property - land or property. This applies where there is a will. The rules are different for intestate estates.

Thank you I thought in Scotland they could make a claim regardless of the will if they were the child of the deceased

Gers

Yes, but only for moveable estate. As colesy said.

Gers

To answer the question:

https://www.turcanconnell.com/legal/wills-estate-planning-and-succession/legal-rights-in-scotland/

Legal rights are an automatic entitlement. Legal rights can only be rendered extinct if they are discharged during the deceased's lifetime, renounced after the deceased's death, or not claimed in 20 years after becoming enforeceable

.

Faith177

Thank you all that’ll be a great weight off his mind