Succession act Scotland

elizabethbennett_2

Hi can anyone tell me why you are advised by deceased's lawyers to seek independent legal advice regarding entitlement to a share of a parents estate under the Succession Act in Scotland? Also, if sought, would there be charges for that legal advice and if so roughly how much? The inheritance is likely a small amount of money so wondering if it is worth pursuing if it is just going to be swallowed up by lawyers fees.

Thanks for any help

Keep_pedalling

The solicitor acting for the estate can’t also act fora potential beneficiary it would be a conflict of interest which is why you are being advised to seek independent advice. Yes you would have to pay for this yourself and I have no idea what that would cost, however this can probable be done without the need to use a solicitor. Are you a named beneficiary in the will?

PS. I have asked for this to be moved to the deaths, funerals and probate board where you are far more likely to get good advice rather than this one which is unlikely to be seen by those with a good knowledge of Scottish inheritance laws.

buddy9

This inclusion is a recommendation of the Law Society of Scotland.

https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/section-e/division-d/guidance/executry-and-trust-accounting/

Probably most relevant in complex cases or where there is a choice between a legacy or legal rights.

Reed_Richards

@elizabethbennett_2 Is your other parent still alive or did they die previously? Did your parent leave a will? Has an executor been appointed?

elizabethbennett_2

https://forums.moneysavingexpert.com/discussion/comment/82072195#Comment_82072195

Hi thanks for your help. Yes, it doesn't really feel like there is a need for a solicitor as everything should be taken care of by the deceased's lawyers I would have thought. Not named beneficiary no

elizabethbennett_2

https://forums.moneysavingexpert.com/discussion/comment/82072320#Comment_82072320

Thanks for that

elizabethbennett_2

https://forums.moneysavingexpert.com/discussion/comment/82072367#Comment_82072367

Yes there was a will - entire estate left to spouse hence the notice from the lawyer informing of legal rights for children under succession act.

Reed_Richards

Does this link help https://eden-legal.co.uk/inheritance-and-legal-rights-in-scotland/ ? Has the executor informed you of your entitlement to Legal Rights? Is this the context in which you were advised to seek independent legal advice?

elizabethbennett_2

https://forums.moneysavingexpert.com/discussion/comment/82072670#Comment_82072670

Yes exactly

Reed_Richards

I think this is as much about family harmony than anything legal. It is your right to take some of the money that will otherwise have gone to your surviving parent. How do you both feel about this? Which of you needs the money more? Will you inherit when your surviving parent dies? Are there any tax implications?