Scots Law - IHT and Legitim (Legal Rights)
Discussion
Hi
My stepfather died just under 12 months ago and he had 2 children with his first wife. He was estranged from his children.
I am the only child of my mother (she divorced my father many years ago), and sadly she died recently.
When my stepfather died, my mum inherited everything.
Her will has myself as sole beneficiary.
In terms of legal rights under Scots Law, does anyone know if my deceased stepfather's children have any claim to the estate?
Context is that I am preparing the IHT400 form, and the question is "Has the legitim fund been discharged in full following the death?"
Thank you.
My stepfather died just under 12 months ago and he had 2 children with his first wife. He was estranged from his children.
I am the only child of my mother (she divorced my father many years ago), and sadly she died recently.
When my stepfather died, my mum inherited everything.
Her will has myself as sole beneficiary.
In terms of legal rights under Scots Law, does anyone know if my deceased stepfather's children have any claim to the estate?
Context is that I am preparing the IHT400 form, and the question is "Has the legitim fund been discharged in full following the death?"
Thank you.
Portia5 said:
Rights to the moveable but not to the heritable I'm pretty sure.
Looks like the correct answer. So OPs mum wasn't entitled to inherit everything.https://www.mcewanfraserlegal.co.uk/legal/legal-ri...
Portia5 said:
Rights to the moveable but not to the heritable I'm pretty sure.
This was also my experience. The complication arose because those with legal rights over moveable assets (cash) were also beneficiaries in the will for the entire estate and so had to discharge their rights over the moveable part in order for me as executor to distribute the estate. One of the beneficiaries did not have capacity so welcome to lengthy and painful Court of Protection processes...Leithen said:
My opinion, worth next to nothing, is that your stepfather's children have rights to a share of his estate if it was Scottish.
His executors ought to have been aware of this?
That is correct. These rights last for 20 years, I think. You cannot "cut a child off without a penny" in Scotland. It could get messy. These children are not entitled to any of your mothers estate, but were entitled to a one third share of your stepfathers moveable estate (in total). A bad cockup by his executor(s).His executors ought to have been aware of this?
matchmaker said:
That is correct. These rights last for 20 years, I think. You cannot "cut a child off without a penny" in Scotland. It could get messy. These children are not entitled to any of your mothers estate, but were entitled to a one third share of your stepfathers moveable estate (in total). A bad cockup by his executor(s).
When we had wills drawn up my wife and I left the entire estate to each other. The lawyer mentioned children's rights but said that could be dealt with. The children would presumably need to sign a discharge waiving their right.The movable estate would be far smaller than the heritable estate anyway. With our children. I don't forsee a problem.
https://www.livbrown.co.uk/private-client/wills/le...
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