Did you know that in Scotland children cannot be completely disinherited by their parent?
The law now means that even if you are not mentioned as a beneficiary in the Will of your parent you would still have the right to claim the estate which takes priority over the terms of the Will.
If you have been left out of a parent’s Will then you have 20 years from the date of death to claim or discharge legal rights. When there is a surviving spouse or civil partner Scottish law states that a child’s claim to Legal Rights amounts to one third of the moveable estate which would then be shared equally between siblings. However, if there is no surviving spouse or civil partner then you would be entitled to one half of the moveable estate.
Moveable Estate includes things such as money, jewellery, vehicles, and other personal possessions. The moveable estate does not include property or land of the deceased.
If you have a child you do not wish to inherit from you it is vital that you get the correct advice when writing your Will to minimise what you leave to them. To make a Will call ILAWS free on 0800 048 9688.