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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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I live in Scotland and my father died recently. he left a will

Resolved Question:

I live in Scotland and my father died recently. he left a will leaving his partner everything and didn't leave me or my brother anything. He had lived with his partner for about ten years, they never married or had any type of civil ceremony. I have been advised that as children we are entitled to claim one third of his movable estate if he left a spouse, or one half if not. my question is. Is his partner considered a spouse in these circumstance or would we be entitled to claim one half of his moveable estate.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Your legal entitlement is half moveable estate between you and your brother. The partner is not a spouse.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 4 years ago.
Thank you for your response is it the case we are entitled to half even though my father left a will leaving everything to his partner
Customer: replied 4 years ago.
Relist: Other.
I am asking for confirmation re his partner being named as the sole beneficiary are we still entitled to half his moveable assets ...thank you
Expert:  JGM replied 4 years ago.
Yes. Legal rights apply irrespective of the will.