A child can be excluded from a Will in Scotland, but this does not prevent the child from receiving a share in their parent’s estate. Even if a parent does not bequeath something to their child in a Will, children in Scotland have an automatic right to inherit part of their parent’s estate.
- The rights children have to inherit a share in their parent’s estate are called Legal Rights.
- What are Legal Rights? When someone dies in Scotland but is survived by children, the children have an automatic entitlement to their Legal Rights in the estate.
- They do not have to request them or take any steps to enforce them.
An executor winding up an estate must take cognisance of the Legal Rights of any children. This is especially important where there are young children. However, it is not as simple as it sounds. This is because surviving spouses or civil partners are also entitled to Legal Rights.
It is important to be aware that a cohabiting partner who wasn’t married to or in a civil partnership with the deceased does not have automatic inheritance rights. What happens with Legal Rights is there is no Will? A surviving spouse or civil partner is entitled Prior Rights in the deceased’s estate if there is no Will.
Prior Rights take precedence over Legal Rights. Prior Rights are made up as follows:
The family home (up to a certain amount – currently £473,000)The contents of the family home up to a specified value (currently £29,000)A share of moveable estate (up to a certain amount – £50,000 if there are children, £89,000 if there are no children)
Once the Prior Rights of the surviving spouse or civil partner have been exhausted, the surviving spouse or civil partner are also entitled to Legal Rights. If there are children, the surviving spouse or civil partner is entitled to one third of the moveable estate and the children are entitled to one third of the moveable estate equally amongst them.
- However, if the Prior Rights exhaust the entire estate, there would be nothing left for the Legal Rights.
- What happens with Legal Rights where there is a Will? A surviving spouse or civil partner cannot claim Prior Rights if the deceased has made a Will.
- In this case, children are entitled to receive one third of the moveable estate if there is a surviving spouse or civil partner or one half if there is no surviving spouse or civil partner.
A child who receives a bequest or legacy or a share of the residue of the estate has the option of accepting this or claiming Legal Rights. The child cannot have both! It is also crucial to understand that Legal Rights only attach to movable property.
It is important to understand that there is no right to heritable property (which is generally made up of land and buildings). You cannot disinherit a child in Scotland In Scots Law, children are protected from disinheritance, so if you are domiciled in Scotland, you cannot disinherit your children. Because of this, whether you like it or not, your children will have an automatic right to inherit a share of your movable estate after your death.
Dealing with an estate where there are family differences or in situations where there are children from earlier relationship can be challenging. If you wish to discuss the impact of Legal Rights on your estate, please call Stacey Parker on 01383 629720 or email Stacey by clicking here,
- 1 Can I leave a child out of my will Scotland?
- 2 What is the time limit to contest a will in Scotland?
- 3 Can my husband cut me out of his will in Scotland?
- 4 Do all wills go to probate in Scotland?
- 5 What is the forced heirship in Scotland?
- 6 Can a will be changed after death in Scotland?
- 7 Is an English will valid in Scotland?
- 8 What is the survivorship clause in Scotland?
- 9 Can grandchildren inherit from grandparents UK?
- 10 Who is entitled to inheritance in Scotland?
- 11 Do grandparents have access rights Scotland?
Do grandchildren have a right to inheritance in Scotland?
How much is the share that a spouse/civil partner or child can claim? – In the event the deceased’s left children then the surviving spouse or civil partner are entitled to one-third of the deceased’s moveable estate. If the deceased’s left no children or grandchildren then the spouse is entitled to one-half of the deceased’s moveable estate.
Can a son contest a will in Scotland?
Challenging a will – A person might want to challenge a will because they believe that:
the will is invalid they have not been adequately provided for in the will. Only a spouse, civil partner, children or their descendants can challenge the distribution of assets in a will and claim their legal rights instead. A beneficiary who is not a relative and does not have legal rights defined by law cannot challenge the will.
If you want to challenge a will, you should seek legal advice as soon as possible after being told of the content of the will. Search for a solicitor on the Law Society of Scotland website, or your local Citizens Advice Bureau can give you a list of solicitors. Check where to get advice, In some cases, you might be able to get help with legal costs,
What invalidates a will in Scotland?
The validity of a will can be challenged by applying to either the Court of Session or the Sheriff Court. If the application is successful, the will is ‘reduced’. This means that it is invalid and will be treated as if it never existed. It will be up to the court to decide if it is reasonable to reduce the will.
Do stepchildren have inheritance rights in Scotland?
Writing your Will when you have stepchildren – If you do not make a Will, your stepchildren do not have an automatic right to inherit from your estate in Scots Law. Only your spouse, biological children, or adopted children may automatically inherit.
- As a result, if you have stepchildren, you will need to decide whether you wish for them to inherit from your estate and to what extent.
- You must then discuss your wishes with a specialist Wills solicitor, who will be able to advise you as to how best your wishes should be set out in your Will.
- There are several options available to you, and only an estate planning specialist can structure and draft your Will in such a way that your wishes will be carried out in the event of your death.
If you wish for your stepchildren to inherit from your estate, you will need to expressly state how much you wish for them to inherit; for example, ‘I wish to leave 10% of my estate to my stepchild, David’. It is always advisable that you discuss your estate plan with those who will be affected by it.
- This can avoid confusion and difficulty after you have died, which will be a challenging time for those closest to you.
- We would also recommend leaving a Letter of Wishes with your Will, which explains why you have distributed your estate in this way.
- Your expert estate planning solicitor may also advise you on incorporating a liferent Trust structure in your Will,
On your death, your assets will be transferred into a liferent Trust to be administered by your named Trustees. Your partner will be entitled to the free use and enjoyment of these assets (for example, he or she can continue to occupy property rent free) and to receive any income generated by the assets (such as rents and dividends) for their lifetime.
Can I leave a child out of my will Scotland?
Why you cannot disinherit a child – The reason you cannot disinherit a child in if you are domiciled in Scotland is because Scots Law ensures children are protected from disinheritance. That means if you die owning moveable assets, your children have an automatic entitlement to share in your estate to the extent of their Legal Rights whether you like it or not.
Can grandchildren contest a will in Scotland?
Can Grandchildren Dispute a Grandparent’s Will? Grandchildren hold an interesting place in the Scottish law of succession. There can be various situations in which they are not mentioned in a will, but can still claim an inheritance from the grandparent’s estate.
- The main word for our purposes is Representation.
- Put shortly this means that if a grandparent dies leaving son(s) and/or daughter(s), then if no will is made those children will inherit the estate or part of it equally amongst themselves.
- If any of those children (i.e.
- Grown-up children) dies before their parent, then the grandchild or grandchildren of that deceased child can step in and claim their parent’s share.
You may have to read that slowly again, as the use of the words ‘grandparents’, ‘parents’, ‘children’ and ‘grandchildren’ can be confusing depending on where you start in the family tree. But fundamentally, if one generation dies before the previous generation, the next generation down is there to claim what would have gone to the prematurely deceased.
Nothing in law is ever completely straightforward, so there are exceptions to the Representation rule. If the grandparent makes a will, then he/she has options as to how to deal with the death of his/her own child. The will can provide that the immediate children will inherit a share or a fixed amount.
It can then be specified that if a child predeceases – i.e. dies before the (grand)parent making the will – then that share will go to the predeceasing child’s own children. We use a Latin phrase – ‘Per Stirpes’, which means ‘By Branch’, so that if the will maker’s child dies leaving three grandchildren, those grandchildren each receive a third of what the child, their parent, would have had from the estate.
However, the person making the will can instead elect to cut off the grandchildren from that bequest, by stating that if their child (the grandchild’s parent) predeceases, that bequest is not to go down the generational line, but be shared out among the remaining surviving children, i.e. the brothers and sisters of the predeceasing beneficiary.
The grandchild has no way of contesting that provision. However, the principle of Representation can come in again, by the back door. In Scotland, all children have a claim to Legal Rights, a guaranteed share of the money in the estate. If a will does not include provision for a child – or thus the grandchild of a predeceasing child – then the grandchild can claim legal rights in place of his or her disinherited parent.
Can my parents cut me out of their will?
State laws may allow parents to disinherit one or more children when writing a will, There are different reasons why a child may be disinherited. For example, if parents disagree about a child’s lifestyle choices, they may choose to leave them nothing in their will.
What is the time limit to contest a will in Scotland?
How to contest a will – If you want to contest a will, be aware that there is often a time limit. You usually have six months to begin a claim once the executor of the estate in question has been given a Grant of Probate (see the legal right to manage the estate).
If you think you have the grounds to contest a will, you should seek legal advice immediately. Contrary to popular opinion, you don’t have to be a direct relative to have the legal right to start an inheritance dispute. You could be a partner, a close friend, or someone that was dependent upon the deceased.
As part of the process of contesting a will, you will have to acquire a copy of the will from the executor of the estate. However, if they’re not willing to share a copy, a solicitor can help you apply for a caveat – you can then lodge a formal claim to court.
Can a power of attorney change a will in Scotland?
Can Power Of Attorney Change A Will? Can Power Of Attorney Change A Will? No, someone with a Lasting Power of Attorney (LPA) cannot change a Will. A Lasting Power of Attorney is a legal document that gives someone the right to make decisions on someone else’s (the donor’s) behalf.
The donor provides the attorney significant powers to make vital decisions about their finances or health and welfare if they cannot do this for themselves. This is set up when the donor has mental capacity and the attorney acts for the donor when they are still alive. On the other hand, a Will becomes relevant only when the Lasting Power of Attorney ceases, which is the moment the donor dies.
The Will then dictates what happens to the donor’s assets. Does Power Of Attorney Override A Will In The UK? No, Power of Attorney does not override a Will in the UK. Under certain circumstances, and depending on the donor’s choice, an attorney can be privy to the donor’s Will even before they pass away.
- An attorney can also help a donor to draft or amend a Will providing they have mental capacity, otherwise, the Will may be made invalid.
- Although an attorney does have the power to control and dispose of the assets that appear in the Will, this does not mean the attorney can change or override the validly executed Will of the donor.
They must act in the donor’s best interests. For instance, an attorney may need to sell the donor’s property, handle the donor’s finances in their bank account, collect benefits, or pay bills. An attorney can potentially abuse the power entrusted to them.
For instance, they could easily steal money from the donor’s bank account if they have access to this, but this is against the law. Thus, it is crucial that the donor gives Lasting Power of Attorney to someone entirely trustworthy. The donor or their relatives can also hold the attorney both civilly and criminally liable if they abuse the Lasting Power of Attorney or do not act in the donor’s best interests.
An example could be changing the donor’s Will to benefit themselves. Although the Lasting Power of Attorney gives the attorney a significant amount of power, there are limitations. An LPA cannot override a Will and the attorney can only make decisions within the scope of powers agreed upon in the LPA.
What Powers Does A Lasting Power Of Attorney Have? There are two types of LPA health and welfare and property and financial affairs. The donor can choose to make one or both types. With the Lasting Power of Attorney, the attorney can handle the donor’s financial accounts, such as closing bank accounts or creating and funding trusts.
They can also manage the donor’s real estate, business, and health decisions, such as moving into a care home or seeking medical care. There are, however, limits to the powers of the LPA. For instance, an attorney cannot make decisions about a task not expressly described in the LPA.
- The attorney also has no power over specific actions the donor prohibits them from doing such as accessing their safe deposit box or withdrawing from their bank account.
- How Can GloverPriest Help? At GloverPriest, we provide friendly and transparent legal advice.
- If you would like help with Power of Attorney or changing a Will, speak to one of our expert lawyers today.
At GloverPriest, we understand navigating the law can be a difficult task to take on alone. That’s why we created this comprehensive guide to help promote information for everyone to use. If you’re looking to speak to a solicitor, please call us from the number below.
Can my husband cut me out of his will in Scotland?
Legal rights: explained – Under the law in Scotland, surviving spouses and children of the deceased are entitled to a share in their estate, regardless of whether the person died with or without a Will – known as ‘legal rights’. Only married partners are entitled to legal rights, even if you have lived with a partner for a long time.
Do all wills go to probate in Scotland?
Confirmation: Considerations for Probate in Scotland To deal with the deceased’s estate in Scotland you need to obtain the equivalent of probate, known as ‘Confirmation’, before any money and other property belonging to the deceased can be released. It is often a bank, building society, or insurance company that will ask for this.
£5,000 or more (although the figure can vary significantly depending upon which institution is holding the funds. In practice in some cases, Confirmation can be dispensed with in cases where the estate is worth up to £36,000, but in other cases, lower limits will apply, depending upon which institution is holding the assets) Stocks or shares Certain insurance policies Property or land held in their own name or jointly with another without a survivorship destination in the title.
In most cases above, the bank or relevant institution will need to see the Confirmation before transferring control of the assets. However, if the estate is small, some organizations, such as insurance companies and building societies, may release the money to you at their discretion.
Confirmation is a legal document from the court giving the Executor(s) authority to deal with the person’s land, property, money, and possessions (their ‘estate’). The application is made to the Sheriff’s Court. When you apply for Confirmation, you need to create an Inventory. This is a full list of the deceased’s estate and one of the main considerations for probate in Scotland.
You can only apply for Confirmation in Scotland if there is money or other property in Scotland. : Confirmation: Considerations for Probate in Scotland
Do beneficiaries have a right to see the will in Scotland?
What Rights do Estate Beneficiaries have to Information? Following a death and during the course of the estate administration process, there is often confusion as to what rights beneficiaries have and what information they are entitled to receive from the executors.
While it is often beneficial to communicate with beneficiaries regarding the estate administration, executors are not required to comply with every single request for information. Beneficiaries are often surprised to discover that in reality they have a right to very little information regarding an estate.
Their legal right extends only to being told if they are a beneficiary named in a person’s will and they are also entitled to be told what, if anything, has been left to them and the full amount of inheritance they will receive. It is very common for a beneficiary or potential beneficiary (who expects to have been included in someone’s will) to ask to see a copy of the will.
- Beneficiaries or potential beneficiaries have no automatic right to see a copy of the will regardless of their relationship to the deceased, or the value of their legacy or entitlement under the Will.
- There is no obligation on executors to disclose the will before probate has been granted and an executor may choose to disclose it entirely at their own discretion as it remains a private document until probate is granted.
However, once probate has been granted, the Will becomes a public document and a copy can be obtained from the Probate Registry by anyone who requests a copy. Residuary beneficiaries It is common practice (although again, not obligatory) to show a copy of the will to beneficiaries of the residuary estate (i.e.
what is left once any debts have been paid and specific gifts have been made) but they are not automatically entitled to see the will, although they do have the right to know who the executors are, and it is good practice to provide estimates of how long probate might take and when the residuary estate might be distributed.
Residuary beneficiaries are additionally entitled to receive a copy of the estate accounts, once these have been prepared, so that they can see how their share of the inheritance has been calculated. They are not entitled, as of right, to any information over and above that and it is again down to the executors’ discretion whether or not to provide any additional information or documents requested.
- However, if an executor does not provide a copy of the estate accounts within a reasonable timeframe after they are finalised, then the residuary beneficiary may be entitled to make an application to Court for an Inventory and Account.
- In effect, this is a statement on oath setting out full details of the Estate and a Court can order that the costs of such an application be paid by an Executor personally.
However this will only usually be done if the Court is satisfied that there is a good reason to make such an Order.
- Considerations for executors to take into account
- As discussed above, it is down to the executors’ discretion as to whether or not they disclose additional information or documents over any above that which certain beneficiaries are entitled to.
- However, there are certain factors that may be useful to take into account when deciding whether or not to provide a beneficiary with additional information:
What information are they requesting?
If the request impacts upon what they are entitled to receive or the ultimate amount to be received, then this may affect the decision of whether or not to disclose the information.
Is the requested information confidential?
Consider whether the information also relates to other beneficiaries and whether you would be releasing information that should properly be confidential to them.
What is the nature of the beneficiary’s interest?
Are they a residuary beneficiary? Do they have a substantial interest in the Estate or are they due to receive only a small legacy? Are they even named in the will? A potential beneficiary may think they have been included but if not then they are not entitled to any information.
Why are they requesting the information?
It is useful to consider whether this is a genuine request for information relating to the Estate or is it simply to cause disruption and delay? Where there are tensions between the executors and a beneficiary, the beneficiary may simply be trying to be difficult in making a request for information or may even be considering making a claim against the estate.
Will providing the information incur unreasonable time and cost to the Estate?
If the information is readily available then there may be better reason to disclose it rather than if it has to be obtained from a third party such as a bank or pension provider which may incur additional time and expense. Consider what is in the best interests of the estate.
If a beneficiary or potential beneficiary is requesting certain information and you are not sure whether or not to disclose it, or if you are a beneficiary requesting information you believe you are entitled to and it is not forthcoming, then please do get in touch with us and we would be happy to advise.
: What Rights do Estate Beneficiaries have to Information?
Can a stepchild contest a will in Scotland?
At present, a surviving spouse and children have the right to make statutory claims against a deceased person’s estate. Crucially, this only includes biological or adopted children. Step-children, though they may be just as much a part of a family as a biological or adopted child, have no such statutory rights.
How do I exclude stepchildren from will UK?
How to write a will if you have step-children – If you have step-children, you need to decide exactly what you want to happen to your estate after your death. The law in England and Wales provides for ‘testamentary freedom’, meaning you can leave everything you own to whoever you choose.
This might be your own children, it might be your step-children, or it might be neither. You then need to speak to a specialist will writer about your wishes. Be sure to explain your family circumstances. The will writer can then advise how best to write your will to make sure that your estate is distributed in the way you want after your death.
The way this is done will depend on your wishes, but there are various options available, which your will writer can talk you through. If you do want to leave an inheritance to your step-children, then you will need to make this expressly clear in the terms of your will.
- For example, you must say that you leave 20% of your estate to your step-child Ben, and 20% of your estate to your step-child Rebecca.
- But if you do not want to leave an inheritance to your step-children, then you must name your chosen beneficiaries.
- It is then a good idea to leave a Letter of Wishes alongside your will, explaining why you have decided to distribute your estate in this way.
If possible also have an open discussion with those who would be impacted to explain your wishes during your lifetime to let them air their views, to help you understand whether they disagree and try to resolve any issues. This will limit the chance of your will being challenged after you die.
- However, this still leaves the tricky situation of providing for your partner if you die before them.
- It is possible to ensure that your partner is taken care of during their lifetime, without your estates becoming entwined.
- A good option is to create a trust in your will,
- Depending on the terms of the trust, this could provide your partner with a home and an income for the remainder of their life.
But when they die your estate can then pass to whoever you have named as your beneficiaries.
What is the next of kin law in Scotland?
Intestate Succession: Under Scottish law, if a person dies without a will, their estate will be distributed according to the rules of intestate succession. This means that their assets will be divided among their next of kin, including their spouse, children, and other relatives, in a specific order of priority.
What is the forced heirship in Scotland?
Forced Heirship – what is it? – Generally, an individual can leave their estate to whomever they please. However, forced heirship ensures that certain relatives (usually spouses, civil partners and children), cannot be disinherited.
Can a will be changed after death in Scotland?
You can change a person’s will after their death, as long as any beneficiaries left worse off by the changes agree. If there’s no will the law decides who inherits, You can make changes to the inheritance in the same way as if there’s a will. Any changes to the will must be completed within 2 years of the death. You can change a will to:
reduce the amount of Inheritance or Capital Gains Tax payable provide for someone who was left out of the will move the deceased’s assets into a trust clear up any uncertainty over the will
What are the rules of intestacy in Scotland?
Legal rights – A fixed share of the moveable estate can be claimed by the surviving spouse or civil partner under legal rights. This includes all assets (excluding land and buildings) and is also applicable when a Will has been left behind. The share of assets is dependent on who survives the Deceased. For example:
- If only a spouse or civil partner survives the Deceased, they are entitled to one half of the assets.
- If only children survive the Deceased, they are also entitled to one half of the assets divided among them equally.
- If both a spouse or civil partner and children survive the Deceased, the spouse or civil partner is entitled to a third of the assets, and the children are entitled to another third of the assets divided among them equally.
Are wills public record in Scotland?
United Kingdom August 18 2021 Who is entitled to see a will after death in Scotland depends largely on what stage in the estate administration someone is wishing to see a will. Estate administration can broadly be split into two stages – before and after the grant of confirmation.
Confirmation is a legal document granted by the court which gives the executor(s) title to in-gather the assets in the estate. Before confirmation is granted: Who can see the will? Before confirmation is granted the only person who is entitled to see a will is the executor. The executor is the person appointed in the will to deal with the administration of the estate.
It is, however, good practice to allow the residuary beneficiaries to see a copy of the will. Residuary beneficiaries are those who are entitled to receive a share of the estate rather than just a cash sum or item. The residuary beneficiaries will be entitled to a copy of the estate accounts which will contain much of the information held in the will.
Although the spouse and children are not entitled to see a copy of the will prior to confirmation being granted, the executor will need to inform them of their entitlement under the will so they can decide if they wish to claim their legal rights. It is important to note that if the deceased person or their executor decides to register the will with the Registers of Scotland then it will be public document.
This means that from the point of registration onwards anyone can request a copy of the will for a small administration cost. Contesting a will If you wish to contest a will prior to confirmation being granted and do not have access to a copy of the will, you will need an order from the court for it to be disclosed to you.
You can find out more about contesting a will here. After confirmation is granted: Who can see the will? Once confirmation has been granted and the will is registered with the court then it becomes a public document. This means that anyone can contact the relevant court and request a copy of the will for a small administration cost.
Some estates do not require the grant of confirmation. For example, low value estates often do not require confirmation as the asset holders will be willing to release small sums without confirmation. In these cases, if someone who is not the executor wishes to see the will then they would need to raise legal action to request it.
Is an English will valid in Scotland?
Inheritance and Wills in Scotland Most of us are aware that Scotland is a separate jurisdiction from England – or England and Wales technically. Northern Ireland has its own setup. Some laws cover the UK – most tax (of which more later), employment law and benefits.
But Scotland has its own system for wills and inheritance. That’s important, because if a person picks the wrong jurisdiction for a will, it can lead to disaster – and too late to fix, if they are, well, dead by the time the problem emerges. It may seem obvious – I live in Scotland, I will contact a Scottish solicitor and take advice on,
That is right and routine for many. But there can be complexities. Where you live is only part of the story. You may have assets overseas or even in England. You may be English but just living in Scotland. Or you may go online and use a web will service that does not understand the finer points of law that are relevant and important.
- Where you live is not the only reason to make a local will.
- If you regard yourself as Scottish, intend to retire to Scotland after working down south, or indeed spend time in both jurisdictions but feel “at home” in Scotland, you may be “domiciled” here – and the correct will is a Scottish one.
- It is not all or nothing.
English and Scottish wills are recognised in each other’s jurisdiction – but only if they conform to the rules of will drafting and execution. One crucial example: in Scotland a will must be signed on each page (not each sheet – you can use both sides of a bit of paper and only sign one side).
- So if the will is more than a single A4 – as many wills are – if it is to be effective in Scotland it has to be signed at the foot of each page.
- It also should be signed by a witness as well, but that at least is common between England and Scotland.
- The language of wills is different.
- For land and houses, Scots talk of joint ownership pro indiviso, and survivorship destinations, whereas in England it is joint tenancy, and tenancy in common – also more generally their meanings and ours are slightly different.
In Scotland if a couple buy a home together with a survivorship clause in the title – i.e. when one dies the other automatically inherits the deceased’s share no matter what a will says – this needs to be taken into account when creating wills. It is a risk making a will in the wrong jurisdiction, as the meaning of a word or phrase may be different north and south, taking the will away from what was intended.
There are wider issues underlying, Our law provides a set of legal rights within the family that cannot be overwritten by will. Children have rights known as legitim (from the old days when an illegitimate child had no rights at all in parental estates – prejudice long gone). It means children have a right to a share of each parent’s estate no matter what the will says – even if it expressly disinherits.
It is not challenging the will to overturn it, but legal rights are embedded in Scottish law so a claim can be made against the executor and will be upheld – there should be no need to go to court. That legal claim, although automatic and unbeatable, is only against the moveable property, i.e.
- Money, shares, insurance, cars and paintings etc.
- It is not against heritable property – land and buildings – so when being advised on making a will, it is important in Scotland to get a full account of the what’s in the estate, possessions and wealth of the client, as well as the family setup.
- Advice should be given on making the will but also how the estate will be divided if legal rights clams are made.
A beneficiary, whether a child or a surviving spouse, after the death has to elect whether they take the legal rights or the legacy left to them in the will. Usually they will go for whichever is higher. In England there is none of that, but there if a dependant is excluded from the will, or not sufficiently provided for, the law provides for that individual to make a claim reasonable provision out of the estate.
- Typically, a dependent is someone who lived with, and was financially supported by the testator, for instance, a partner, adult child or disabled relative.
- Although I am highlighting differences, one principal remains consistent between the two countries.
- Any adult (in Scotland age 16, in England age 18) should take advice on making a will.
Most of us by the time we die have something to leave, a home, savings, insurance, even a car. In the absence of a will, the rules of intestacy apply – including those legal rights claims. In Scotland intestacy provides a fixed scheme of division among surviving spouse/civil partner and children (or parents, siblings and wider family if no-one closer survives) gets landed on top of the estate no matter what you want, or indeed said.
- Only a written, meaningful, signed will can meet your wishes.
- And you cannot donate a bequest to charity or to a loved one or friend without making a proper will.
- I come back to tax.
- Inheritance Tax covers the whole of the UK, though Scottish court procedures are different – everyone knowns the word, but that is the English term.
In Scotland we have Confirmation, administered through the sheriff courts (which they also don’t have in England) and its procedures are very different from elsewhere. But HMRC is still the body to be satisfied with estate arrangements – again, if the will made does not work in the correct jurisdiction, it may be disregarded, and the executor may have a whole lot more tax to pay out of the estate, money that could have gone where it was intended, family or friends.
- The bottom line is that everyone should at very least take advice on making a will if they haven’t done so already – or revise a will made if it is more than a few years ago since it was created, or there has been a substantial change in life circumstances.
- In particular, people forget to update their will when they separate from a partner, and that can lead to catastrophe – a spouse not seen for 20 years can fetch up at the funeral and legally demand a share of the estate.
Scottish wills are flexible, reassuring, cost-effective and make up an important element in legal life. Make sure you are covered, and in particular, make sure you choose the right jurisdiction, lawyer and will. : Inheritance and Wills in Scotland
What is the survivorship clause in Scotland?
Check the title deeds – The title deeds say who owns the home. If there’s a mortgage on the home, the mortgage lender will have the title deeds. You can also check title deeds on the Land Register for a small fee. If you owned the home jointly, the title deeds may have a survivorship destination or survivorship clause.
Can grandchildren inherit from grandparents UK?
Other close relatives – Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy. This will depend on a number of circumstances:
whether there is a surviving married or civil partner whether there are children, grandchildren or great grandchildren. in the case of nephews and nieces, whether the parent directly related to the person who has died is also dead the amount of the estate.
Other relatives may have a right to inherit if the person who died intestate had no surviving married partner or civil partner, children, grandchildren, great grand-children, parents, brothers, sisters, nephews or nieces. The order of priority amongst other relatives is as follows:-
grandparents uncles and aunts. A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person half-uncles and half-aunts. A half-cousin can inherit instead if the half-uncle or half-aunt who would have inherited died before the intestate person.
Who is entitled to inheritance in Scotland?
Intestacy for Children and Grandchildren – So what if you do have children? In Scotland, this can also mean illegitimate and adopted children, but excludes step-children, your spouse will receive up to £50,000 plus one-third of your ‘moveable estate’.
Anything left will go to the children in entirety. In Scottish law, grandchildren and great grandchildren will also fall into the category of children, but will only benefit if their parent has pre-deceased you. Finally, if you haven’t made a will and die with no surviving relatives, everything goes to the Crown.
The reasons to make a will are relevant whether you are in England or Scotland, so if you want to be certain who will benefit from your estate when you die, you really should consider making a will. It’s the only way to be sure that your remaining assets go to who you want to receive them once you’re no longer around.
Do grandparents have access rights Scotland?
Grandparent’s Rights in Scotland | Thorntons Solicitors Undoubtedly grandparents play a hugely important role in the lives of many children and so it often comes as a surprise to many grandparents to discover that they have no automatic rights to have contact with their grandchildren.
However, grandparents can apply to the court for parental rights and responsibilities and relative orders, such as a contact or residence order. The court will look at whether such an award is in the best interests of the children and will look carefully at the reasons why the parents felt it necessary not to allow contact in the first place.
Grandparents do not automatically have any rights or responsibilities in relation to their grandchildren. At present, grandparents wishing to see their grandchildren must make an application to the court for a contact order, or a residence order if they believe their grandchildren should live with them.
- New legislation means the courts are now required to consider “the child’s important relationships with other people”.
- In certain situations, the court will grant such an order – particularly where the grandparent plays an important role in the child’s life or where the grandparent plays an important role in linking the child with their wider family.
As is always the case, however, court should be a last resort and grandparents should seek to arrange contact and the like with their grandchildren through agreement with the parents. As a grandparent, you do not automatically have any rights for contact with your grandchildren.
The first step is to try and make arrangements directly with the child’s parents. If, however, you cannot reach an agreement with the child’s parents, then it may be necessary to raise an action in the Sheriff Court. The court will apply the same criteria as they would to an application from a parent – namely, they will focus on the welfare of the child and the child’s best interests.
The court will only make an order where it considers that it is better for the child that an order is made than that no order is made. Depending on how old (or how mature) the child is, the court may also take their views into account. If such an order is made, and the parents do not adhere to it, then they may be found to be in contempt of court and could face a fine or imprisonment.
At Thorntons Family Law, we offer an initial free no-obligation chat over the phone to outline your options and the possible costs.Depending on your case and circumstances, the next step is to come into one of our local offices to meet a Family Law Solicitor about your case and the way forward.Call us on 03330 430 150 for a chat or to book an appointment.
We are always clear to clients about the potential costs of any option and offer a range of payment options. In some cases we can offer clients a fixed price package. If we cannot offer a fixed price service, we charge based on the time we spend on your case, including meetings, emails, phone calls and court representations.
Depending on your case and circumstances, you may also need to cover outlays, such as court costs or payments to independent experts. We will set out our fees and likely extra costs for you at the start and keep you informed of any possible changes as your case progresses. Please note we do not offer Legal Aid for this service.
Trainee Solicitor Edinburgh Trainee Solicitor Edinburgh : Grandparent’s Rights in Scotland | Thorntons Solicitors
What are the next of kin rights in Scotland?
What are the Next of Kin’s legal rights? – As far as the law is concerned next of kin means nothing with the exception of children aged under 18. The next of kin of a child under 18 may be legally entitled to make decisions for or on behalf of the child.
The term usually means your nearest blood relative. In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends. It is also possible to name more than one person as your next of kin.
This is a title that is primarily used in order for emergency services to know who to keep informed about an individual’s condition and treatment. This means that you have no legal rights as a result of this title. This can create difficulties if you haven’t put additional measures in place to manage your relative or loved one’s affairs.