Scottish Law and legal rights

zippy1973

I'm looking for some advice from Scottish Law experts in regards to legal rights in my scenario below

My father has recently died and left a will with all to be left to mum except he has children from previous marriages (5 of us in total, with no contact with the others for over 40 years plus) but the solicitor made us aware of their legal rights and that a 3rd of dad's movable estate would be shared equally between the 5 of us. I have a few questions below the solicitor could not answer at the tme we met and would appreciate replies from anyone who knows the answers!

1. I do not want to claim but I asked in that scenario, would the share for the remaining 4 go up if I did not claim

2. If the share does not go up for any of the children do not claim, does that share then go back to the estate and therfore back to my mother.?

3. A discussion took place with the solicitor in regards to making contact with the other 4 with no contact for in 2 of the children for 55 plus years. The solicitor advised us to try go track all 4 down using records/social media etc as using geniology is very expensive. I have traced the 2 children before me via records/Facebook but no trace of children 1 and 2 where there has been no contact for over 55 years. My question is, do we have to go to the expense of geniology or as a great deal of effort has been made to trace them unsuccessfully, can their shares be put aside in a bank account for the next 20 years as we were told that's the time limit they can claim.

Thanks in advance

Yorkshireman99

zippy1973 wrote: »

I'm looking for some advice from Scottish Law experts in regards to legal rights in my scenario below

My father has recently died and left a will with all to be left to mum except he has children from previous marriages (5 of us in total, with no contact with the others for over 40 years plus) but the solicitor made us aware of their legal rights and that a 3rd of dad's movable estate would be shared equally between the 5 of us. I have a few questions below the solicitor could not answer at the tme we met and would appreciate replies from anyone who knows the answers!

1. I do not want to claim but I asked in that scenario, would the share for the remaining 4 go up if I did not claim

2. If the share does not go up for any of the children do not claim, does that share then go back to the estate and therfore back to my mother.?

3. A discussion took place with the solicitor in regards to making contact with the other 4 with no contact for in 2 of the children for 55 plus years. The solicitor advised us to try go track all 4 down using records/social media etc as using geniology is very expensive. I have traced the 2 children before me via records/Facebook but no trace of children 1 and 2 where there has been no contact for over 55 years. My question is, do we have to go to the expense of geniology or as a great deal of effort has been made to trace them unsuccessfully, can their shares be put aside in a bank account for the next 20 years as we were told that's the time limit they can claim.

Thanks in advance

What did th solicitor advise in this case? It is difficult to see how anyone here can help further.

zippy1973

Basically , she couldn't answer my question's 1 and 2 and said she would get back to me and for number 3 told us to look for them, she gave no adice really, that's why I thought to ask here

Gers

Discharge of legal rights

A person may discharge his or her legal rights prior to the death of a spouse, civil partner or parent. The effect of this is that the estate available for legal rights is divided between claimants as if the person giving the discharge had died before the deceased. In the event of a lifetime discharge by child, represenation does not apply.

If legal rights are discharged after a death, the legal rights is calculated as if the discharge did not take place. The legal rights fund is divided between all the claimants, including any person who discharged their legal rights.

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

More here - https://advisingfamilies.org/information-portal/family-matters/legal-rights-scotland/

Marcon

zippy1973 wrote: »

Basically , she couldn't answer my question's 1 and 2 and said she would get back to me and for number 3 told us to look for them, she gave no adice really, that's why I thought to ask here

Get another solicitor, who understands basic Scottish law - questions 1 and 2 are hardly advanced for someone who practises in this area.