Estate query relating to Scottish law and disinherited son

Marcon

buddy9 said:

iamlindypops said:

Thank you buddy9, my understanding now is that I have to provide my brother a sixth of mum's moveable estate once all expenses & liabilities have been paid.

I presume I will need to write to my brother to inform of his legal rights and ask if he wishes to renounce his rights, is there anywhere I can find a template letter with legal text to make the communication formal?

Thank you again

🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻

It's 1/6th if no surviving spouse and three children. But where do the nephews come into this?

Get some proper advice - this site can only do so much, not least because many of the answers above are simply of the google/cut and paste variety (and very good of them to take the trouble). It'll be cheaper to get it right rather than having to put it right at a later date.

buddy9

Marcon said:

buddy9 said:

It's 1/6th if no surviving spouse and three children. But where do the nephews come into this?

Get some proper advice - this site can only do so much, not least because many of the answers above are simply of the google/cut and paste variety (and very good of them to take the trouble). It'll be cheaper to get it right rather than having to put it right at a later date.

I have to agree that there are some poor cut and paste answers - I don't know why people bother if they have no specific knowledge. But I do take exception to Marcon highlighting my post as an example as it is not a cut and paste.

Flugelhorn

Of course the OP needs proper advice this is a complex situation. Nothing wrong with a bit of googling if it helps us to understand the circumstances and situation 

buddy9 said:

I have to agree that there are some poor cut and paste answers 

Keep_pedalling

Although legal advice may be required this is a small cash only estate, so that advice is going to cost disproportionally. In the first instance as the executor the OP should write to the disinherited child, asking them if they wish to claim their legal rights or if they are willing to formally discharge those rights so you can distribute the estate as directed by the will.

If they want to claim them it is simple, you distribute the estate as per buddy9’s post above.

If they discharge their rights distribute the estate as per the will, but keep their written response as proof should they try to change their mind.

It only really becomes difficult if they refuse to respond leaving you in limbo for up to 20 years.

Gers

Since the death of my late DM in 2021 I have been 'caretaking' a sum. My late brother had five children - four all dealt with in line with legal requirements (actually in excess but that's a different matter) - his eldest son pre-deceased my DM so his share should go to his three minor children. There has been no response from their mother, in fact she doesn't maintain contact with any family, not even her own.  So, I have stuck the monies into an interest bearing account 'ring fenced' for them.

My intention is to 1) leave it there, highlighted for my executors and perhaps 2) attempt to make contact again when the eldest child reaches 18 years of age. They are all in Australia so the whole thing is not the easiest, however I decided ages ago to not sweat it too much and only do what I can do.

iamlindypops

Thank you Gers Keep_pedalling Flugelhorn Marcon buddy9 all help in understanding process has been greatly appreciated.  It has been a minefield for me. 🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻