How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11684
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I have been left a sum of money by a partner/friend. The

Customer Question

I have been left a sum of money by a partner/friend. The Will has been drawn up in Scottish law and the children of the deceased are claiming their portion of the estate but this will be deducted from my bequest. My question: Surely the family should sort
this out amongst themselves and leave my bequest in "totality" as instructed by my partner.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
No that isn't right.
The legal rights of the children of the deceased, which amount to a total on one third of non heritable estate, it, everything except land and buildings, is deducted from the net moveable property BEFORE any bequests are paid and irrespective of what the will says. The bequests, or as much of them as can be paid, are then settled.
So the children have to be paid first, then the will is implemented. That is the law in Scotland.