Will distribution in Scotland

Gimmeaminute

Hoping for some help from people that know a bit about the law in Scotland. My MIL is mid eighties and wants to set up a will where my wife and kids will be the only beneficiaries, however my wife has a brother. She's been told that you cannot disinherit kids in Scotland, so her son (black sheep of the family) will automatically get 50%. There is no property involved and the estate is currently around £200k.
My MIL only wants to give her son £10k and the rest to my wife and kids. Is there a way to do this?
We don't need the cash, it is more a case of preventing my wife's brother from getting £100k having not talked to his mum for 13 years+.
In case it is relevant, we all live together in Scotland and MIL's son lives I. England

oldernonethewiser

Unfortunately the "legal rights" entitle the siblings to 50% each of the moveable estate no matter what the will says. 

She could, if practical, give money to your wife, to reduce the estate but that can come with its own complications eg deprivation of assets. 

https://www.gov.scot/publications/death-scotland-practical-advice-times-bereavement-revised-11th-edition-2016-9781786522726/pages/21/


You'll need proper legal advice 

user1977

Gimmeaminute said:

She's been told that you cannot disinherit kids in Scotland, so her son (black sheep of the family) will automatically get 50%.

Told by whom?

Assuming no surviving spouse or civil partner, the children have legal rights to 50% of the moveable estate, so brother would be entitled to claim 25% of the estate.

No way of avoiding it assuming MIL is still domiciled in Scotland at the time of death, and that parliament doesn't get around to changing the law before then.

oldernonethewiser

Apologies. 

As corrected by Gimmeaminute it is 50% in total so the black sheep is legally entitled to 25%

Gimmeaminute

user1977 said:

Gimmeaminute said:

She's been told that you cannot disinherit kids in Scotland, so her son (black sheep of the family) will automatically get 50%.

Told by whom?

Assuming no surviving spouse or civil partner, the children have legal rights to 50% of the moveable estate, so brother would be entitled to claim 25% of the estate.

No way of avoiding it assuming MIL is still domiciled in Scotland at the time of death, and that parliament doesn't get around to changing the law before then.

Told by a Scottish lawyer, although it sounds so dodgy that I feel the need to ask here. Can't quite believe that anyone c
an interfere with the requests of a will, but it appears that you can in Scotland.

oldernonethewiser

Lots of ways to contest a will.  

buddy9

If there is no surviving spouse, then the son would not inherit 50%, he would be entitled to legitim, one quarter of the net moveable estate - perhaps around £40k or so.

One way to avoid this, so that there is no entitlement greater than £10k, is for MIL to reduce her estate by making gifts during her lifetime. This could of course be assessed as deprivation of assets if there was a future need for care.

If gifting, MIL should record that the gift does not affect the recipient’s legitim claim.

The son living in England has no influence.

Keep_pedalling

Do you and your wife own the house you live in? If you do your MIL could purchase a share in it which would take that share out of her movable estate. 

Gimmeaminute

Thanks all. We own a £400k+ property with no mortgage, so it sounds like this may be the way to go.

buddy9

Gimmeaminute said:

Thanks all. We own a £400k+ property with no mortgage, so it sounds like this may be the way to go.

Gifts cost nothing.

Purchasing a share of a house costs money. Post-death conveyancing costs money, non residence attracts capital gains tax. I cannot see the advantage.