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JGM
JGM, Solicitor
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Experience:  30 years as a practising solicitor.
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I am the eldest son and heir of my mother, who just passed

Resolved Question:

I am the eldest son and heir of my mother, who just passed away. Her will disinherits me completely in favour of my younger brother and my children.
Is this legal? Can it be successfully contested ?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You can only contest the will if you can establish that your mother was in a position to be, and was, unfairly influenced into making the will owing to age or infirmity. This is called facility and circumvention.
However, if your mother know her own mind and was quite clear that she wanted to disinherit you then you have no cause to challenge the will.
However a parent can't disinherit a child completely under Scots law. You have legal rights.
Assuming there is no surviving spouse and you and your brother are the only children you have a legal right to claim one quarter of your mother's moveable estate. Moveable estate is everything except land and buildings and includes money, policies, shares, bonds and the like.
Legal rights arise irrespective of the terms of any will.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10653
Experience: 30 years as a practising solicitor.
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