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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor. Partner in own firm.
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Legitim.

Resolved Question:

Legitim. Mother had 3 sons, 1,2 &3. Son 2 died leaving one daughter and one son. Her will leaves house to be sold and divided 50% to son 3 and 25% each to daughter and son of son 2. Moveable estate to be divided equally between son 2's daughter and son 3's wife. Son 1 wants to claim his share - legitim. We believe he would be due 1/6th of the moveable estate. Can son 3 and son 2's daughter and son also claim legitim. Do they lose any rights to share allocated to them.

Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You are correct. Son 2 can claim one sixth of moveable estate assuming mother left no surviving spouse.
If the others you mention claim legal rights they lose whatever legacy they were left in the will so they shouldn't do so.
I hope this helps. Please leave a positive response so that I am credited for my time.
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