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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11130
Experience:  30 years as a practising solicitor.
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My husband died before s parents died. When my father-in-law

Resolved Question:

My husband died before his parents died. When my father-in-law died recently, my 2 children were left out of his will and his estate was divided between his 3 remaining children. Can they make a claim for their share of the estate on behalf of their late father? We live in Scotland.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

Your children can claim their father's legal rights in the estate. Assuming your father in law died unmarried their claim would be for one eighth of moveable property between them. Moveable property is all estate except houses and land. I hope that helps. Happy to discuss further.

Customer: replied 1 year ago.
What about the value of the heritable estate? Why is that not included?
Customer: replied 1 year ago.
There was probably only a small movable estate but a large house value which was divided between the rest of the family but not us.
Expert:  JGM replied 1 year ago.

The heritable estate isn't included because the law doesn't allow for a legal rights claim in respect of heritage. A person in Scotland can leave heritage to whoever they want. As he has elected not to leave your children anything in his will, your children only have legal rights which apply to moveable estate only.

Customer: replied 1 year ago.
Is there nothing my children can do?
Expert:  JGM replied 1 year ago.

Not where there is a will, no.

Customer: replied 1 year ago.
We have applied for a copy of the will anyway.
I think that the moveable estate was small, so probably not worth taking it any further....legal costs higher than the resulting amount. Thanks for your help anyway.
Karelia
Expert:  JGM replied 1 year ago.

You're welcome. Don't forget to leave a positive rating so that I am credited for my time.

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