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: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

husbands old aunt died making him the main benefactor to her

Customer Question

husbands old aunt died making him the main benefactor to her will. she had a son who died 5years ago and he had son now in his forties. this would make him the grandson of the aunt. the aunt named grandson in her will saying she did not wish him to get anything. he is now contesting the will saying he has a legal right to claim half of the money . the aunt did not own any property but did leave a sizable amount of money. could you tell me does he have a right to claim 50% of the money.( scottish law.)
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Yes, the grandson has a legal rights claim to half of the estate here. He is entitled to claim his dead parents legal rights irrespective of what the will says.

In Scotland it is impossible to cut a child out of a will and if the child dies the grandchild takes his place.

Assuming there were no other children or grandchildren, this grandson can claim a half f the estate.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.