Scotland - Parents died before Grandparent, do we get a share in the house sale, will in place

Deborah72

Hoping for help.  I am in Scotland. Both my parents have died.  My fathers mother has recently passed and we have been told we are not getting a share of the house sale by my fathers family.  My dad died first and my mum was then to get his share in the house sale when my gran died.  My Mum then died before my gran, I assumed that my fathers share in the house would be passed on to his children and shared equally?  Any advice please

molerat

Who owned the house ?  Where does your gran fit in with the ownership ?  What do the wills for all 3 state ?

xylophone

https://www.thegazette.co.uk/wills-and-probate/content/103869

Did your grandmother die domiciled in Scotland?

Otherwise, what exactly does her will say?

Gers

Deborah72 said:

Hoping for help.  I am in Scotland. Both my parents have died.  My fathers mother has recently passed and we have been told we are not getting a share of the house sale by my fathers family.  My dad died first and my mum was then to get his share in the house sale when my gran died.  My Mum then died before my gran, I assumed that my fathers share in the house would be passed on to his children and shared equally?  Any advice please

If your parents lived in Scotland then you have 'Legal Rights' from your parent's estate. it's worth making sure you and your family understand them. 

http://advisingfamilies.org/uk/information-portal/family-matters/legal-rights-scotland/

Legal Rights come into play after Confirmation has been granted. 

buddy9

Of course legal rights only apply to moveable estate so not relevant to property.

Gers

buddy9 said:

Of course legal rights only apply to moveable estate so not relevant to property.

Of course! 

sheramber

Where you are is not relevant.

Where your gran lived is what is important. Is her estate dealt qwith under Scottish Law?
 
What does her will say?

 

TBagpuss

The 2 key points are:
1. What does your grans will day? and 
2. Was your gran living in Scotland.

The wording of the will will determine whether any share left to your parent automatically passes to you or not in England it would so unless the will explicitly said that it wouldn't, but I don't know whether the same is the case in Scotland and in any event you would need to know the wording of the will to be sure. 

GSS20

Provided your grandmother domiciled in Scotland then Scottish Inheritance laws applies. Whether or not you inherit a share of the house will depend on the wording of the will. If your father is a named beneficiary of the house then your mother would have inherited his share provided this was written into the Will and not just assumed and then her Will would apply. If this is not mentioned but your father is then you would inherit his share (shared equally between any siblings you have). If the Will either states named beneficiaries not including your father’s name or only surviving children then I wouldn’t think you would be entitled to a share.  Again if in Scotland and your father is not mentioned in the house sale or will at all then you are legally entitled to claim legal rights on behalf of your father of one half of a half (ie if your father was one of 3 siblings then one sixth) of all moveable estate which includes bank accounts, shares, insurances and personal belongings but not houses etc as these can be left to anyone you wish.

Mojisola

GSS20 said:

Provided your grandmother domiciled in Scotland then Scottish Inheritance laws applies. Whether or not you inherit a share of the house will depend on the wording of the will. If your father is a named beneficiary of the house then your mother would have inherited his share provided this was written into the Will and not just assumed and then her Will would apply.

Do widows/widowers inherit from their spouses parents in Scotland?

GSS20

Mojisola said:

GSS20 said:

Provided your grandmother domiciled in Scotland then Scottish Inheritance laws applies. Whether or not you inherit a share of the house will depend on the wording of the will. If your father is a named beneficiary of the house then your mother would have inherited his share provided this was written into the Will and not just assumed and then her Will would apply.

Do widows/widowers inherit from their spouses parents in Scotland?

I don’t think so but the OP states that mother was told she would inherit father’s share when he died. This would surely only happen if it was written into the Will. I know that it was written into my parents Will that should my brother predecease them then his partner would inherit his share. The Succession (Scotland) Act 2016 states that the children will take the legacy of a deceased parents  unless otherwise stated in the Will.

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