Minute of agreement

Wanda22

I am in scotland.  My father passed in 2021. My father drafted a Will in 1996.  My parents separated in 2003 and in 2006 a minute of agreement (separation agreement) was drawn up with my mother receiving a financial settlement on the grounds that she had no further claim on my fathers estate.

since my father has died, my mother would allow anyone to help with solicitors appts or any paperwork.  Now she is the only beneficiary to the Will.  Can this be correct? Why does the minute of agreement not stand as it is a legally binding document. There is only 1 will and this is the Will drafted in 1996, does the minute of agreement not supersede this? 

Any help/advice appreciated.

buddy9

Who is appointed executor in the will? And were they still married?

Keep_pedalling

If they never actually got round to divorcing I believe the will still stands. A minute of agreement does not override a will, the will deals with your estate once you are dead the MoA deals with your assets when you are alive. 

Scottish law is complex so you should take legal advice rather than rely on strangers on the internet.

Wanda22

Mum was the executor and yes they still married although separated for nearly 20 years

buddy9

In Scotland, rights of succession can be specifically discharged in a separation agreement. So the effect of the separation agreement is likely to depend on its specific content.