Scottish inheritance laws

unholyangel

Keep_pedalling said:

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.

I missed that bit about no spouse! Still 30% of the whole is still better than 25% of the movable as you say so the sentiment I was expressing is still the same