Legal Rights - Children in Scotland 22 November 2022 at 3:25PM in Deaths, funerals & probate 14 replies 790 views

Scoflo

I understand the legal right argument for children to mean there is always a legal right to inherit a parent's estate.  If a will is made which contradicts this is it a simple form to fill in or a whole lawyer's visit/letter etc?  What does one practically do?

This is in Scotland.

Thanks for your help.

Keep_pedalling

You make a claim though the executor, but it is only the movable estate that can be claimed against not homes or land.

Gers

Scoflo said:

I understand the legal right argument for children to mean there is always a legal right to inherit a parent's estate.  If a will is made which contradicts this is it a simple form to fill in or a whole lawyer's visit/letter etc?  What does one practically do?

This is in Scotland.

Thanks for your help.

It's not the whole estate which can be claimed despite a Will. Please take some legal advice on this.  It's not overly complicated though mostly misunderstood.

https://quilllegal.co.uk/2021/03/01/legal-rights-scotland/    This may help. There are many more websites which give more or less the same information and advice.

buddy9

If the estate is being dealt with by a solicitor, then the solicitor as the norm, will establish the number of children and where there is a will, establish whether the children wish to claim legitim (legal rights). The Law Society of Scotland guidance on this is quite clear.  Where mischief can occur is where an executor gives inaccurate information to a solicitor. So if you might be in such a position then you may wish to establish who the solicitor is and pass on your details so that there is no oversight.

If the estate is being dealt with without solicitor assistance, it can be challenging to obtain one’s entitlement to legitim.

user1977

Scoflo said:

I understand the legal right argument for children to mean there is always a legal right to inherit a parent's estate.  If a will is made which contradicts this is it a simple form to fill in or a whole lawyer's visit/letter etc?  What does one practically do?

It might help if you explained why you're asking? It's simple for children to waive their rights, if that's what you mean.

Scoflo

Hi all.  Thanks for your comments.  To clarify - I'm not dead yet and I'm thinking loosely about my own kids there will be a situation ahead with my husband's nephews (Pip & Squeak) - their father (Tom) is dead.  

My G Grandfather outlived both his son & grandson (my father).  The family/executor ignored the existence of myself & my siblings. (around 35 years ago).

My husband's Gran made a complicated will including 2 x widowed Sis in Laws plus 2 GGsons (father dead, same boys as above) which meant the numbers didn't follow the "legal rights" route but complicated arithmetic carried out.  A solicitor did this and a copy of the wishes was enclosed with the cheque. (about 10 years ago).

None of this matters to us particularly.  I doubt my GGrandfather had much in the way of money and although my husband's Granny did, my husband was adamant it was her wishes which were most important. 

Looking into the future my MIL has also made a complicated will.  The %ages escape me but its something like

3 sons (Tom, !!!!!! & Harry).  Tom has died, leaving 2 sons, Pip & Squeak.  Her will states

Pip 12%     Squeak 12 %      !!!!!! 30%      Harry  30%    Mrs Harry 10%    Random ex not seen for 20 years 6%

Nursing home fees may eat up the moveable estate anyway but it made me think about my own kids and how being a blended family my intentions may not count due to succession laws.  I'm 56 so not planning on going anywhere yet but if there was a form I could include with a copy of my will that says "sign this for your legal rights your stepfather, !!!!!! understands and has plenty" I would feel a bit more secure.

Thanks for reading.  

comeandgo

I think in Scotland a lot of children just ignore their legal rights, especially if their other parent is still alive.  Who wants to grab money from their mother.

Keep_pedalling

Scoflo said:

Hi all.  Thanks for your comments.  To clarify - I'm not dead yet and I'm thinking loosely about my own kids there will be a situation ahead with my husband's nephews (Pip & Squeak) - their father (Tom) is dead.  

My G Grandfather outlived both his son & grandson (my father).  The family/executor ignored the existence of myself & my siblings. (around 35 years ago).

My husband's Gran made a complicated will including 2 x widowed Sis in Laws plus 2 GGsons (father dead, same boys as above) which meant the numbers didn't follow the "legal rights" route but complicated arithmetic carried out.  A solicitor did this and a copy of the wishes was enclosed with the cheque. (about 10 years ago).

None of this matters to us particularly.  I doubt my GGrandfather had much in the way of money and although my husband's Granny did, my husband was adamant it was her wishes which were most important. 

Looking into the future my MIL has also made a complicated will.  The %ages escape me but its something like

3 sons (Tom, !!!!!! & Harry).  Tom has died, leaving 2 sons, Pip & Squeak.  Her will states

Pip 12%     Squeak 12 %      !!!!!! 30%      Harry  30%    Mrs Harry 10%    Random ex not seen for 20 years 6%

If those percentages exceed the amount any of them can receive through legal rights then there is no point in claiming them because if you are named in a will claiming legal rights cancels the bequest.

Nursing home fees may eat up the moveable estate anyway but it made me think about my own kids and how being a blended family my intentions may not count due to succession laws.  I'm 56 so not planning on going anywhere yet but if there was a form I could include with a copy of my will that says "sign this for your legal rights your stepfather, !!!!!! understands and has plenty" I would feel a bit more secure.

Nursing home fees could have a very different effect, in that the testator could die soon after the house was sold to pay for care which would make the entire estate subject to LR.

Thanks for reading.  

Step children are not entitled to legal rights 

Scoflo

Step children are not entitled to legal rights 

That's part of what I can see ahead.  I pop my clogs and my husband inherits.  He goes and his kids do.  

If I could make it seamless for my kids (they are all adults) to not be reliant on goodwill of my husband when I go I would feel better.  For now, we make sure they get gifts which help out with childcare/holidays/Christmas.  I could live to 90+ and it benefits them more now than at the end of their working life.

Pip & Squeak are a different matter.  They are adults now and may toe the "its what my Gran want" line.

Thanks for reading.  It seems straightforward on one hand, less so when emotions are involved.

Keep_pedalling

Scoflo said:

Step children are not entitled to legal rights 

That's part of what I can see ahead.  I pop my clogs and my husband inherits.  He goes and his kids do.  

If I could make it seamless for my kids (they are all adults) to not be reliant on goodwill of my husband when I go I would feel better.  For now, we make sure they get gifts which help out with childcare/holidays/Christmas.  I could live to 90+ and it benefits them more now than at the end of their working life.

Pip & Squeak are a different matter.  They are adults now and may toe the "its what my Gran want" line.

Thanks for reading.  It seems straightforward on one hand, less so when emotions are involved.

It is really not that difficult for you and your spouse to protect your children’s inheritance and give each other security at the same time, but really you need, as a matter of urgency, to sit down with a solicitor and get suitable wills drawn up. Legal rights is not the big issue here it is what happens to your heritable estate that is likely to have the biggest impact.

Ring round some local solicitors today for an idea on costs, don’t use will writers and under no circumstances DIY it. 

If you have not already got them in place then look at sorting out LPAs as well.

Scoflo

Thanks.  We have everything in place but perhaps I should reread our wills - it may be covered.