Scottish inheritance laws

struzee

Hello,
My Dad is unwell with cancer which has spread to various organs. My Dad has never been loving or kind to me (I am gay and have no children) and he has always treated me differently from my sister. He recently told my sister (who is single and has two children under 5) and myself that he had made his will and he was leaving 30% to my sister, 30% to myself and 20% to each of my nephews. He followed this up by saying to me 'if it was up to me you'd get 10%'.
My Granny died last year and my Dad told me in passing conversation that she left a lot of money. I am not happy that my sister and her family is technically getting 70% of my father's inheritance. This would include any movable assets and a 4 bedroom house. I understand that in Scotland a child can claim 'legal rights'. My Dad has no spouse or partner. If and when he passes, can I claim legal rights? What would happen after the legal rights are claimed? Would everything (apart from house) be split equally between my sister and I? Hope someone can help.

Flugelhorn

Looks from this https://www.redstonewills.com/news/item/what-are-my-legal-rights-in-scotland as though the legal rights only apply to "moveable assets" and not the heritable assets (which I presume is the house??)

Dox

Google can help. Search on 'Scottish legal rights' and you'll get plenty of links, including those of some excellent legal firms, which give you your answers. I thought this gave a good clear summary: https://legacymanagement.org.uk/wp-content/uploads/Legal-rights-in-Scotland.pdf

Keep_pedalling

It does not seem an unreasonable distribution to me, the only thing possibly wrong with it is that it does not take into account any grandchildren that might be born after his death (unless that 40% is actually being left in a discretionary trust for the benefit of all grand children) 

You might have a legitimate claim if the 30% you receive is less than 50% of his movable assets but even if that is the case do you really want to risk destroying your relationship with your sister and her children over an inheritance?

Brackenfield

I would hope that your sister would agree you and she should have an equal share....  When the time comes the executor of the will can tell you what the assets are so you can choose to go with the amount provided in the will or to claim your legal rights.  

To me, this is more about emotions and 'fair' than money.

Keep_pedalling

Brackenfield said:

I would hope that your sister would agree you and she should have an equal share....  When the time comes the executor of the will can tell you what the assets are so you can choose to go with the amount provided in the will or to claim your legal rights.  

To me, this is more about emotions and 'fair' than money.

They already have equal shares, and she has no authority to change her children's inheritance even if she wanted too, they are minors and cannot be part of a deed of variation. 

If the OP wanted to claim his legal rights it would only be worth doing if the value of movable assets exceed 60% of the total estate otherwise they would get less than the 30% they have been left in the will. 

struzee

Hi, thanks for replies but not sure my question has been answered. What happens after legal rights are claimed? Is everything that is movable split between my sister and I? Even if grandchildren are mentioned in will will they be excluded after legal rights are claimed?

Keep_pedalling

struzee said:

Hi, thanks for replies but not sure my question has been answered. What happens after legal rights are claimed? Is everything that is movable split between my sister and I? Even if grandchildren are mentioned in will will they be excluded after legal rights are claimed?

No, anything claimed under legal rights is treated as a debt against the estate and once that is removed from the gross estate the remainder would be split between your sister and her children. You would get 25%  of the movable estate and nothing else. You can’t claim legal rights and your bequest from the will it is one or the other.

comeandgo

If you claim under legal rights you give up all other claims.  You are getting more in the will than you would under your legal share of half of one third.

unholyangel

struzee said:

Hello,
My Dad is unwell with cancer which has spread to various organs. My Dad has never been loving or kind to me (I am gay and have no children) and he has always treated me differently from my sister. He recently told my sister (who is single and has two children under 5) and myself that he had made his will and he was leaving 30% to my sister, 30% to myself and 20% to each of my nephews. He followed this up by saying to me 'if it was up to me you'd get 10%'.
My Granny died last year and my Dad told me in passing conversation that she left a lot of money. I am not happy that my sister and her family is technically getting 70% of my father's inheritance. This would include any movable assets and a 4 bedroom house. I understand that in Scotland a child can claim 'legal rights'. My Dad has no spouse or partner. If and when he passes, can I claim legal rights? What would happen after the legal rights are claimed? Would everything (apart from house) be split equally between my sister and I? Hope someone can help.

In scotland the children would be collectively entitled to a third of the movable estate. So if it's just your & your sister, it would be 1/6th. That would not include the house - which is not movable. 

I'm sorry your dad is treating you like this for something that's just part of who you are, but if he's left you 30% of the whole estate then perhaps take some consolation from the fact you'll technically get one over on him as 30% of the whole estate will be more than 16.67% of the movable estate. 

Keep_pedalling

unholyangel said:

struzee said:

Hello,
My Dad is unwell with cancer which has spread to various organs. My Dad has never been loving or kind to me (I am gay and have no children) and he has always treated me differently from my sister. He recently told my sister (who is single and has two children under 5) and myself that he had made his will and he was leaving 30% to my sister, 30% to myself and 20% to each of my nephews. He followed this up by saying to me 'if it was up to me you'd get 10%'.
My Granny died last year and my Dad told me in passing conversation that she left a lot of money. I am not happy that my sister and her family is technically getting 70% of my father's inheritance. This would include any movable assets and a 4 bedroom house. I understand that in Scotland a child can claim 'legal rights'. My Dad has no spouse or partner. If and when he passes, can I claim legal rights? What would happen after the legal rights are claimed? Would everything (apart from house) be split equally between my sister and I? Hope someone can help.

In scotland the children would be collectively entitled to a third of the movable estate. So if it's just your & your sister, it would be 1/6th. That would not include the house - which is not movable. 

I'm sorry your dad is treating you like this for something that's just part of who you are, but if he's left you 30% of the whole estate then perhaps take some consolation from the fact you'll technically get one over on him as 30% of the whole estate will be more than 16.67% of the movable estate. 

With no spouse, the children are entitled to 50%, so the most the OP could get from legal rights is 25% of the movable estate, which is considerably less than 30% of the gross estate that has been left in the will, so the OP should just forget the whole thing and be grateful for what they get.