Scotland - Grandparents will to child of predeceased parent

Galaxy1987

Hi all

Looking for some help, I have tried to search online but can't find what I am looking for. ,

Some history, my mother died many years ago leaving 3 siblings.  Since the death my gran always spoke about how both her and my grandfathers wills where written to ensure that myself and siblings inherit my mothers share.  My gran always spoke about this and was going to give me a copy of the wills as she did not 100% trust her surviving children to do the honest thing, however life got in the way and I never got a copy. 

My gran died early 2019, and there was always excuses about the will so I left it for a bit, however my grandfather has recently died and brought this back up.  I am now concerned that both the wills wont be followed as one of my mothers siblings is greedy and deceitful, this carried over to her 3 adult children (always feel the world owes them). 

To make matters worse this aunt also bought the house over from my grandparents to avoid others getting a share as she seen it as a cheap investment (grandparents took £30k for the house when it was worth approx. £90k, it is now worth another £15-20k)

Few questions:
1. Can anyone tell me the legal act/section that the will would have included for myself and siblings to inherit mother share
2. If the will is not shared and I feel it is wrong what would I do.
3. What happens to items in the house (general household furniture) is this anyone's for the choosing or should it be split across the family as per question1. I believe my cousins will swoop into the house and take what they want, and not allow anyone choice.  (I don't want anything fancy or costly, all I want from the house is an armchair that my gran sat on all my life)

Thanks 

Gers

Galaxy1987 said:

Hi all

Looking for some help, I have tried to search online but can't find what I am looking for. ,

Some history, my mother died many years ago leaving 3 siblings.  Since the death my gran always spoke about how both her and my grandfathers wills where written to ensure that myself and siblings inherit my mothers share.  My gran always spoke about this and was going to give me a copy of the wills as she did not 100% trust her surviving children to do the honest thing, however life got in the way and I never got a copy. 

My gran died early 2019, and there was always excuses about the will so I left it for a bit, however my grandfather has recently died and brought this back up.  I am now concerned that both the wills wont be followed as one of my mothers siblings is greedy and deceitful, this carried over to her 3 adult children (always feel the world owes them). 

To make matters worse this aunt also bought the house over from my grandparents to avoid others getting a share as she seen it as a cheap investment (grandparents took £30k for the house when it was worth approx. £90k, it is now worth another £15-20k)

Few questions:
1. Can anyone tell me the legal act/section that the will would have included for myself and siblings to inherit mother share
2. If the will is not shared and I feel it is wrong what would I do.
3. What happens to items in the house (general household furniture) is this anyone's for the choosing or should it be split across the family as per question1. I believe my cousins will swoop into the house and take what they want, and not allow anyone choice.  (I don't want anything fancy or costly, all I want from the house is an armchair that my gran sat on all my life)

Thanks 

Others with more knowledge will be around to help you - all I can offer is the information on the website https://advisingfamilies.org/uk/information-portal/family-matters/legal-rights-scotland/ about Legal Rights.

I am dealing with my late mother's estate and have to offer Legal Rights to the offspring of my deceased brother (don't mean 'have to' as in I don't want to, just it's a legal obligation which can only be voided by the claimant.  Andyour entiltement lasts for 20 years unless you refuse it.

GSS20

Galaxy1987 said:

Hi all

Looking for some help, I have tried to search online but can't find what I am looking for. ,

Some history, my mother died many years ago leaving 3 siblings.  Since the death my gran always spoke about how both her and my grandfathers wills where written to ensure that myself and siblings inherit my mothers share.  My gran always spoke about this and was going to give me a copy of the wills as she did not 100% trust her surviving children to do the honest thing, however life got in the way and I never got a copy. 

My gran died early 2019, and there was always excuses about the will so I left it for a bit, however my grandfather has recently died and brought this back up.  I am now concerned that both the wills wont be followed as one of my mothers siblings is greedy and deceitful, this carried over to her 3 adult children (always feel the world owes them). 

To make matters worse this aunt also bought the house over from my grandparents to avoid others getting a share as she seen it as a cheap investment (grandparents took £30k for the house when it was worth approx. £90k, it is now worth another £15-20k)

Few questions:
1. Can anyone tell me the legal act/section that the will would have included for myself and siblings to inherit mother share
2. If the will is not shared and I feel it is wrong what would I do.
3. What happens to items in the house (general household furniture) is this anyone's for the choosing or should it be split across the family as per question1. I believe my cousins will swoop into the house and take what they want, and not allow anyone choice.  (I don't want anything fancy or costly, all I want from the house is an armchair that my gran sat on all my life)

Thanks 

1. The Succession (Scotland) 1964 act entitles a grandchild to inherit their deceased parent’s share of grandparents estate.

2. Seek  legal advice. Is there anyway you can see the Will. If for any reason they say that your mother was not in the Will inform them that you will claim the legal rights on behalf of your mother. This entitles you to one half of a half of any moveable assets ie money personal belongings shares etc. The house obviously doesn’t come into it unfortunately as your grandparents sold the house to your aunt ie as there are 4 siblings then you would be entitled to one eighth of the total value of the moveable estate, but if your grandparents still had the money from the sale that is now classed as a moveable estate.

3. Depending on the arrangements in the will you are basically at the mercy of your aunt if she is the executor. Have you contacted her to say you would like the armchair if possible. Could you perhaps buy it from them. Do they actually still have it if she died in 2019.

Galaxy1987

 

1. The Succession (Scotland) 1964 act entitles a grandchild to inherit their deceased parent’s share of grandparents estate.

2. Seek  legal advice. Is there anyway you can see the Will. If for any reason they say that your mother was not in the Will inform them that you will claim the legal rights on behalf of your mother. This entitles you to one half of a half of any moveable assets ie money personal belongings shares etc. The house obviously doesn’t come into it unfortunately as your grandparents sold the house to your aunt ie as there are 4 siblings then you would be entitled to one eighth of the total value of the moveable estate, but if your grandparents still had the money from the sale that is now classed as a moveable estate.

3. Depending on the arrangements in the will you are basically at the mercy of your aunt if she is the executor. Have you contacted her to say you would like the armchair if possible. Could you perhaps buy it from them. Do they actually still have it if she died in 2019.

Thanks GS220

Few additional questions. 

The way my gran spoke was that my mum as such was not in the will, but that myself and siblings will inherit my mother's share. The will was rewritten after my mother's death. 

The armchair is still there as grandfather was living at home. I assume it will go to one of my cousins no doubt, they will take what they want and the rest will be left for others that they don't want.  They will only take the items of monetary value but I fear if I show interest they will take it out of spite. 

I might just have to resign myself to yet again losing out on family things due to my mother's death. 


Thanks again. 

GSS20

Galaxy1987 said:

 

1. The Succession (Scotland) 1964 act entitles a grandchild to inherit their deceased parent’s share of grandparents estate.

2. Seek  legal advice. Is there anyway you can see the Will. If for any reason they say that your mother was not in the Will inform them that you will claim the legal rights on behalf of your mother. This entitles you to one half of a half of any moveable assets ie money personal belongings shares etc. The house obviously doesn’t come into it unfortunately as your grandparents sold the house to your aunt ie as there are 4 siblings then you would be entitled to one eighth of the total value of the moveable estate, but if your grandparents still had the money from the sale that is now classed as a moveable estate.

3. Depending on the arrangements in the will you are basically at the mercy of your aunt if she is the executor. Have you contacted her to say you would like the armchair if possible. Could you perhaps buy it from them. Do they actually still have it if she died in 2019.

Thanks GS220

Few additional questions. 

The way my gran spoke was that my mum as such was not in the will, but that myself and siblings will inherit my mother's share. The will was rewritten after my mother's death. 

The armchair is still there as grandfather was living at home. I assume it will go to one of my cousins no doubt, they will take what they want and the rest will be left for others that they don't want.  They will only take the items of monetary value but I fear if I show interest they will take it out of spite. 

I might just have to resign myself to yet again losing out on family things due to my mother's death. 


Thanks again. 

I really do think you should seek legal advice. If you cannot afford it perhaps find one that will give you a free 30 minute consultation. 

Do you know if your grandparents used a solicitor for their wills and which solicitor it was. If you do you could perhaps get in touch with them and explain the situation that you are in regarding legal rights or finding out what is in the Will. 

Perhaps if your grandfather’s passing has been recent there will still be a lot to sort out. It can take a few months of gathering information especially if grant of Confirmation is required and even longer if the executor is a solicitor.

buddy9

Galaxy1987

If your GM had a valid will it looks like you are due the legacy stated in the will (if there is one stated) or either your share of 'legal rights' (you cannot have both). This is provided that your GM's estate had sufficient funds following the payment of debts and expenses.

If your GF had a valid will, again, it looks like you have a similer entitlement, (though the 'legal rights' calculation in this case is different because there is no surviving spouse).

You really need to find out who is the executor of each estate and ask them what is happening.

If ultimately you cannot get money from the executors that you are entitled to, it is possible to sue to obtain the money or to raise a court action to find out what may be due to you. But such a line of action would no doubt depend on, the outcome of you enquiries, how much money is involved, and the fall out that this may cause with relatives.