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cityguru
cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13323
Experience:  solicitor
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I have been contacted anonymously stating that under Scottish

Customer Question

I have been contacted anonymously stating that under Scottish law I may have a claim for "entitlement to legal rights" to the estate of my late parents although I have not been named as a beneficiary. This came as a hand written letter from a 'wellwisher' with a final sentence that states 'it will be to my advantage to contact a Scottish lawyer to claim the said legal rights'. Could you please confirm or otherwise the potential validity of this statement and if it is valid how I should proceed.
Submitted: 3 years ago.
Category: Scots Law
Expert:  cityguru replied 3 years ago.
Can you please explain the circumstances a little more? Are both your parents deceased? What estate did the last to die leave? Was there a will? Who were the beneficiaries? Do you have brother and sisters?

Can you confirm that the last to die was resident in Scotland?
Customer: replied 3 years ago.


Both parents deceased.


 


I believe there would have been a will but do not know exactly what this contained.


 


Pharmacy business to younger sister, the house left to bother and sister - house not sold yet. I believe that in addition to this there would be other valuable assets. One other sister in the same position as me. I am not in contact with any of my 4 younger siblings.


 


Yes mother was last to die whilst living in Scotland.

Expert:  cityguru replied 3 years ago.
Ok thanks.

The position under Scottish law is that if there is no surviving spouse, the children have a legal right to a share of the moveable estate. That means of cash and investment , furniture etc. It does not include heritable property which means houses and land. the children entitled between them to equal shares of 1/2 the moveable estate.

So you would be entitled to 1/5 of half of the estate excluding the house and the real estate value of the business. So yes it is worth your while to investigate further.

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