Scottish Law Online > Discussion Forum Community Home | Search | Contact
 
 
Welcome, Guest. Please Login or Register
 
The forum has recently been upgraded to the 2010 release of YaBB 2!
Home Help Search Login Register



Page Index Toggle Pages: 1
Send Topic Print
childrens legal entitlement to estate (Read 52413 times)
lar7sson
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 1
childrens legal entitlement to estate
Jun 2nd, 2003 at 11:19pm
 
What legal rights do children have to their deceased mothers movable estate,even though they are survived by a step father
Back to top
 
 
IP Logged
 
traineesolicitor
Junior Member
**
Offline


I love YaBB 1G - SP1!

Posts: 25
Re: childrens legal entitlement to estate
Reply #1 - Jun 9th, 2003 at 2:04am
 
If the mother has left a Will - one-third of the moveable estate between the children.

If mother did not leave a Will - stepfather has prior right of house up to value of 130,000, cash right of 35,000 and furnishings up to 20,000

Then children get one-third of moveable estate and stepfather gets one-third.

Them children get other third and rest of heritable property (if any) between them.
Back to top
 
 
IP Logged
 
eastlink
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 5
Re: childrens father dies but has a long term girl
Reply #2 - Nov 4th, 2003 at 3:12pm
 
what is the outcome if your father dies has 4 children anda girlfriend of 10 yrs on off stormy realationship,and there is no will but a large sum of money left behind
Back to top
 
 
IP Logged
 
eleanor
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 4
Re: pls some advice to see if i should take this f
Reply #3 - Mar 9th, 2004 at 3:01am
 
ok my mum died and my dad met another person got married to her...my dad died 7 yrs ago and left a wealthy estate which none of the family got apart from his new wife... she has now died r we as step children entilted to anything of this estate there is no will involved. thanks also she has 2 children of her own
Back to top
 
 
IP Logged
 
scottishlaw
Senior Member
****
Offline



Posts: 211
London
Gender: male
Re: childrens legal entitlement to estate
Reply #4 - Mar 9th, 2004 at 3:30am
 
This is one area where you probably should take some legal advice.  I recommend you speak to a solicitor as I think you should have been advised to claim under your father's estate but I don't know if you can now claim under your stepmother's.

If you need a solicitor in your area go to http://www.lawscot.org.uk/scripts/firms.asp and select "Executries, Wills and Trusts" as the category.
Back to top
 
WWW  
IP Logged
 
traineesolicitor
Junior Member
**
Offline


I love YaBB 1G - SP1!

Posts: 25
Re: childrens legal entitlement to estate
Reply #5 - Mar 9th, 2004 at 4:52am
 
Eleanor,

Providing your Dad dies domiciled in Scotland, and you did not sign a discharge or disclaimer of legal rights then you can claim your legal rights up to 20 years after his death. You would be able to make a claim in on your stepmother's estate in this regard. Your entitlement (with any other children your father has) would be to one-third of the moveable property between you. Moveable property essentially is anything other than houses.

As step children you are not entitled to inherit any of your stepmother's estate - it will pass under intestacy to her own children.

I would advise you to contact a solicitor about this - certainly your right to claim legal rights, unless already discharged, should still be valid.
Back to top
 
 
IP Logged
 
eleanor
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 4
Re: childrens legal entitlement to estate
Reply #6 - Mar 9th, 2004 at 5:02am
 
Grin thank u trainee and scottish for ur advice will see a lawyer tomorrow and see what they have to say.tyvm
Back to top
 
 
IP Logged
 
eleanor
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 4
Re: childrens legal entitlement to estate
Reply #7 - Mar 10th, 2004 at 1:48am
 
hiya just to let u all know been to see a lawyer for some advice and our family hasnt any rights to to my dads estate it went to his wife and she can do as she pleases with it.Still dont understand it but we were told no we wouldnt get anything at all her family will get what she has left behind ,But thanks anyway
Back to top
 
 
IP Logged
 
traineesolicitor
Junior Member
**
Offline


I love YaBB 1G - SP1!

Posts: 25
Re: childrens legal entitlement to estate
Reply #8 - Mar 11th, 2004 at 4:18am
 
Eleanor,

Not having all the facts, I can't give you a definitive answer, however, I would say that providing (a) you dad died domiciled (basically habitually resident) in Scotland; (b) you are his child; (c) you did not sign a discharge of your legal rights; (d) you did not receive anything under his Will; (e) your dad died less than 20 years ago, then you should be able to intimate a claim of legal rights on his widow's estate.

You are not making a claim on her estate, essentially you are claiming a debt on her estate, almost as if you had lent her money. This actually occurs quite frequently as a tax planning exercise.

I would suggest you seek a second opinion; many solicitors are not familiar with the ins and outs of succession law unless they specialise in it.
Back to top
 
 
IP Logged
 
eleanor
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 4
Re: childrens legal entitlement to estate
Reply #9 - Mar 11th, 2004 at 8:04pm
 
hi trainee
Thanks for ur email ok my dad 7 yrs ago in scotland.i havent signed anything concerning legal rights.and he didnt have a will.He remarried and according to several diffrent lawyers when he died his pension from his work went to her to do with as she pleases,also the personal belongings in the house i have to write to her family to get them as they wont do that for me so im confussed .Its her money and they said it wouldnt be worth going for it now as she has probably spent it all
Back to top
 
 
IP Logged
 
neilmat
Newbies
*
Offline


I'm new!

Posts: 1
Re: childrens legal entitlement to estate
Reply #10 - Jan 24th, 2011 at 10:02am
 
My mother left me with my father when i was a baby - she remarried twice but never had any more children. I had been trying to trace her only to find out she died in2005. She was survived by her 3rd husband who i have contacted. He is happy to meet me to discuss her life and to give me some pictures etc. Am i entitled to any of her estate if there was any?
Back to top
 
 
IP Logged
 
Lil Mo
Senior Member
****
Offline


I Love YaBB 2!

Posts: 234
Glasgow
Gender: female
Re: childrens legal entitlement to estate
Reply #11 - Jan 24th, 2011 at 7:07pm
 
Hi,

Some how or another your question has ended up on the archived legal questions - you would be much more likely to receive a reply if you repost in Legal Qestions and Advice.

Mo Smiley
Back to top
 
 
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print
(Moderator: YaBB Administrator)



Scottish Law Online Scottish Law Online Quick links:
Scotland: Law Society - Scottish Courts - Scotland Legislation - Scottish Parliament
England: Law Society - Courtservice - DCA - Home Office - Law Commission
UK: BAILII - OPSI - Parliament - House of Lords - Direct Gov - Legal 500 - Chambers
Europe: Europa - ECJ - ECHR - Eur-Lex - Commission - Parliament - OEIL
World: WorldLII - AustLII - CornellLII - Findlaw - UN - ICJ - WTO - Lex Mercatoria
Best of the Web: Amazon - Google - Y!Music - IMDB - BBC News - Radio1 - TV - RoF
Shop Online with Amazon
Discussion Forum Kevin F Crombie 2009