Making a will in Scotland
Discussion
FiL wants to make a will. Lives in Scotland hence the title,has a son and a daughter,both adults,wife died earlier this year.
Wants to leave it all to daughter, as son has had enough from him over the years,in fact wants nothing to do with son
But solicitor who visited today to write the will says he MUST leave something to the son!
Is this a weird Scottish thing,as I always thought your money was yours to do what you want with apart from some exceptions for obvious dependents
Wants to leave it all to daughter, as son has had enough from him over the years,in fact wants nothing to do with son
But solicitor who visited today to write the will says he MUST leave something to the son!
Is this a weird Scottish thing,as I always thought your money was yours to do what you want with apart from some exceptions for obvious dependents
The operative word is "something" - shows that he has "considered" son - as opposed to totally ignoring any moral obligations - this does NOT mean 50-50 - or even remotely close.
Solicitor should explain this further though - they are the professionals - and they should really remember they are dealing with people that are not familiar with the law.
Solicitor should explain this further though - they are the professionals - and they should really remember they are dealing with people that are not familiar with the law.
Thank you very much for that information
Never knew that
Oh those crazy jocks
FiL has certainly "considered" if son is due anything,and takes the view that he has had enough over the years already.
Its not even a big estate,no house and minimal savings,FiL has just had enough of son.
Solicitor will no doubt advise how what to do
Never knew that
Oh those crazy jocks
FiL has certainly "considered" if son is due anything,and takes the view that he has had enough over the years already.
Its not even a big estate,no house and minimal savings,FiL has just had enough of son.
Solicitor will no doubt advise how what to do
kowalski655 said:
But solicitor who visited today to write the will says he MUST leave something to the son!
Is this a weird Scottish thing,as I always thought your money was yours to do what you want with apart from some exceptions for obvious dependents
A good example, if anyone needs reminding, that Scotland has its own distinct legal system.Is this a weird Scottish thing,as I always thought your money was yours to do what you want with apart from some exceptions for obvious dependents
Something that many people from E&W and elsewhere are either unaware of or don't fully grasp.
I don't know about weird but the solicitor has a valid point.
It is indeed a Scottish thing.
It's called legal rights.These have been in existence for more than 50 years.
However, at present*, they do not apply to heritable property (i.e. land and buildings).
For many people their dwelling forms the biggest proportion of their estate.
* Note that there are clouds on the horizon: see the second link below.
Some bedtime reading.
http://www.gov.scot/Publications/2005/12/05115128/... - Section B
http://www.brodies.com/blog/personal-law/legal-rig...
Nor should you imagine that in E&W you would be safe in totally excluding a child from your will.
It could be subject to challenge under the Inheritance (Provision for Family and Dependents) Act 1975.
As graphically demonstrated by the 2015 Court of Appeal decision in Ilott v Mitson
http://www.familylaw.co.uk/news_and_comment/ilott-...
As always, the amount awarded will depend on the circumstances of the case.
However that one isn't over yet. It's now going to the Supreme Court
http://www.familylaw.co.uk/news_and_comment/inheri...
It will be very interesting to see which way the SC jumps.
kowalski655 said:
Thank you very much for that information
Never knew that
Oh those crazy jocks
FiL has certainly "considered" if son is due anything,and takes the view that he has had enough over the years already.
Its not even a big estate,no house and minimal savings,FiL has just had enough of son.
Solicitor will no doubt advise how what to do
If memory serves he must leave a third of his estate to his children, if he has a spouse or legal partner. If not, it's half. That's collectively, not each, but each child has an equal claim. Never knew that
Oh those crazy jocks
FiL has certainly "considered" if son is due anything,and takes the view that he has had enough over the years already.
Its not even a big estate,no house and minimal savings,FiL has just had enough of son.
Solicitor will no doubt advise how what to do
How Ma-in-law got round this was to give the estranged son 0%, with a rider in the will that said that any challenges were to be contested by the executor using the total funds of her estate - meaning, if estranged son challenged, executor would use up all the funds so he'd get nothing anyway.
Didn't come to that - he never challenged, and since he's also dead now...........
Didn't come to that - he never challenged, and since he's also dead now...........
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