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Legal rights of children in Scotland
18 replies 541 views
I am executor of my mother’s will along with my brother. A bit of background for info. Our father died previously, there are a total of 7 siblings. Mother owned the house outright and her original will stated that 2 of my siblings only were to inherit the property and I know the reason why. She moved into rented accommodation due to ill health and the property was sold turning the heritable property into moveable. Such was her concern that the 2 siblings wouldn’t inherit the house she wanted them to have the value of the house or if she were to go into a care home any money remaining that wasn’t used in the upkeep of staying in a care home. I was her POA and ensured that this money was kept separate from her usual savings and she wrote a new will at the solicitors stating the above. The remaining 5 siblings (which includes myself) plus the 2 siblings were to split the rest of the estate equally. The question is the legal rights of the 5 siblings to inherit a share of the house money. Should I as executor inform them of this stipulation in the will? Ask them to renounce their legal rights? I know they would be entitled to 1/14th which in the grand scheme of things is probably about £5000 more than they would get with the rest of the estate. 2 of the siblings are basically estranged and probably might pursue this. If they did, do they have to choose this or their inheritance?