Discharge of legal rights

Mick_chillibeef

I’m in Scotland.
I’m executor of my brother’s will.
He has 3 children none of which are named in his will as he has named his grandchild as beneficiary.
I have a discharge of legal rights document from one of the children from 12 years ago and it states,
”I hereby assign to my father and to his executors and assignees whomsoever my right to legitum from his estate and that for the benefit of the general estate rather than the legitum fund”,
Does this mean that the share discharged goes to the grandchild?
Does this mean that the other 2 children have legal rights to a quarter each?
Or does this mean that they would only be entitled to a sixth each?

bazdvd

surely it all goes to the grandchild if that is stated in the will

Mick_chillibeef

That’s what I’m hoping but I wasn’t sure 
thanks

Keep_pedalling

bazdvd said:

surely it all goes to the grandchild if that is stated in the will

In Scottish law you can’t totally disinherit children.

What does the estate consist of? Legal rights only apply to movable assets not land or property. 

sheramber

If there is no spouse the children are entitled to one half of the moveable estate , divided equally 

Moveable  estate is cash, personal belongings such as cars, jewellery  etc, bank accounts. 

Land and property are not included.
 

When my grandfather died my mother, aunts and uncle signed a document to give up their legal  rights so  my gran could inherit all his  cash. 

Mick_chillibeef

His wife died a few years ago
It’s not a lot but just money in bank
Hence I don’t want to spend lots on solicitors
The timing of the discharge seems to affect how much the other 2 are entitled too
Discharged before death normally means the other 2 would be entitled to a quarter each, but I wondered if the wording in the discharge makes it go to the grandchild?
I’m hoping they’ll both sign a discharge now too, but one of them has already pointed out that they need to know how much their share might be before they sign

buddy9

Mick_chillibeef said:

I’m in Scotland.
I’m executor of my brother’s will.
He has 3 children none of which are named in his will as he has named his grandchild as beneficiary.
I have a discharge of legal rights document from one of the children from 12 years ago and it states,
”I hereby assign to my father and to his executors and assignees whomsoever my right to legitum from his estate and that for the benefit of the general estate rather than the legitum fund”,
Does this mean that the share discharged goes to the grandchild?
Does this mean that the other 2 children have legal rights to a quarter each?
Or does this mean that they would only be entitled to a sixth each?

Where legitim is renounced during the lifetime of the deceased, this has the effect of making the legitim fund fully available to the other legitim claimants.

However, the wording of this renunciation looks to be an attempt to deliver a different outcome. I have doubts about whether this renunciation can achieve a different outcome. If the normal rules apply, then the two children would each be entitled to one quarter of the net moveable estate.

buddy9

Also -  if the renunciation was an attempt to defeat creditors, it may have no effect.

Mick_chillibeef

If renunciation wasn’t legal would that then mean that all 3 children would have legal rights?

Mick_chillibeef

As executor, if children have legal rights, but they had gifts from the deceased during their lifetime that would mean after collation they would get nothing anyway, do I still have to inform them of their legal rights? And if so do I mention the collation at the same time or do I wait and see if they want to try and claim their legal rights?

Devongardener

What does the Will state?  Did the deceased stipulate in the Will that the children’s gifts excluded them from inheritance?
If not then the net value of the estate has to be distributed according to their Will.