Inlaw claim on inheritance

GSS20

It would come down to how her husband’s Will was written and the actions of the executor. The house would not come into it for legal rights but any liquid estate would including shares etc. if he bequeathed them certain things then that could change their claim. The executor on the death of your grandma’s husband should have written to each of his children explaining their legal rights and if they had been bequeathed a legacy. The executor could be personally liable if they didn’t do so especially if the beneficiaries refuse to pay back their share should the worst come to bear. Children can only claim either their legal rights or the bequest they cannot have both. Definitely speak to a solicitor and explain the situation.

Keep_pedalling

I would not want to be an executor of a will that could put me in the middle of a family dispute. If she wants you to be executor I would explain my concerns and would want a good idea what was in it before agreeing to be executor.

Savvy_Sue

I'd go for the middle one, but offer to help her write something with the full situation set out.

Spendless

Think I'd want to do the last one and at least make solicitor aware that Grandad's death was when they resided in Scotland so any laws regarding inheritance there need taking into account. Then leave them to it. 

ManicRower

Latest update is I've read the Will of my Grandma's late husband, executed by my Grandma and one of his children. There are some specific items (e.g. jewellery, furniture) which he has bequeathed to his children (and notes/signatures against to show these have been received). The paragraph of most interest is where it states "I bequeath the whole, rest, residue and remainder of my means and estate to <grandma> if she survives 30 days after my death."

Leaving aside the morals of what should happen, my factual reading of that is:
- The late husband's will is effectively 'dealt with' or closed. There is no '....and then when <grandma> dies the estate should be split in accordance with x, y, and z'
- With no outstanding points or actions on her late husband's Will, my Grandma can decide what she wants to write in her Will without restriction. She could split equally, she could donate to charity, she could ask that it's changed into pound coins and tipped off a cliff, whatever she wants.
- Given that my Grandma now lives in England, she is writing a Will in England, will likely to pass away in England when the time comes, and that her late husband's Scottish Will appears closed, that it is English law that applicable. 

She will be seeking further legal advice as she writes her Will to ensure it stands. Appreciate the help this forum has provided, thank you!

Keep_pedalling

She is entitled to leave her whole estate to whoever she likes. Her stepchildren could still make a claim under Scottish law for a potion of his movable estate, which might be an issue if he had substantial savings.

theoretica

The question for Scottish law is whether, by signing their acceptance of the furniture and jewellery the children have formally given up their legal rights to 1/3 of their father's movable estate (if the bequests don't add up to 1/3).  If not, the will remains reopenable for 20 years after death.

maman

Thanks for the update. I'm pleased you checked out the deceased husband's will as that was probably the first question a solicitor would ask for. 

I'm sure grandmother has her reasons but I'm more comfortable that our wills (with children from previous marriages) don't allow for either of us to cut anyone out. We've gone for a lifetime interest and then all children get an equal share.

We'll never know, to use a hackneyed phrase, 'what grandfather would have wanted'. 

Spendless

I think in that case. Grandma should visit a Scottish solicitor with the will and the details of what was given to Grandad's relatives, so it can be established they have received  the correct amount under Scottish law. Once that has been dealt with Gran can then leave anything she has to whoever she wants as she now resides in England.