Scottish Law

Peco141

Can a child be left a quarter share of net moveable estate in Scotland?

I keep reading the minimum requirement per Scottish Law is a one third share of moveable estate however the Will drawn up by the Solicitor states one quarter share???

colesy

The children are collectively entitled to one-third of the deceased's moveable estate if the deceased left a spouse or civil partner, or to one-half of it if the deceased left no spouse or civil partner.

Peco141

Trying to get my head round this...So in this particular case the deceased left a divorced husband therefore the kids are entitled to one-half of the moveable estate.

Can one of three siblings therefore be left one quarter with the other two sharing the other quarter?

Jinx

My understanding (I'm no expert) is that the parent can will it however he likes, however under Scots law the siblings are entitled to share the half moveable estate and that would be equally. The siblings might accept the way the will is and this would mean I think that a solicitor would require signatures to state they are not asserting their inheritance rights.

Peco141

Ahh I see. So the fact that the 3 of us are entitled to a half share and the sibling is receiving a quarter whilst the rest is shared is perfectly legal an non contestable.

comeandgo

A child can claim the third or have what is mentioned in the will but can not get both.

Jinx

No Peco, you can choose to contest it. The 3 of you are entitled to half the movable estate.

If you are not willed the correct share, you can claim your legal share of one third of the half.

Or you can choose to accept what you have been willed in line with your parents wishes. In this case the executor/solicitor will ask you to sign something to say you are not claiming your full entitlement.

Peco141

What I mean is if the 3 siblings are entitled to a collective total of half the moveable estate then each of those siblings would be entitled to 1/6th of the entire moveable estate.

In turn if one of those siblings is receiving 1/4 share of the moveable estate they are in fact receiving move that they are entitled to, if that makes sense.

unforeseen

As long as the other 2 get 1/6th each then there is no problem with the third getting 1/4.