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: 11155
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My mother passed away in August

Resolved Question:

My mother passed away in August leaving all to me in her will. According to Scots Law my Brother's (deceased 1988) biological son is allowed to claim a percentage of her movable estate as my brother pre-deceased him. I do not have a problem wth this but would like to know th wording of that law as my nephew now wants to know what my mother spent of the proceeds of her house when it was sold prior to her death. Has he the right to ask this question. Fiona XXXXX

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The law is not worded in any particular way. The common law says that a child can claim legitim or legal rights in a parent's estate. The share is one quarter of moveable property where there are two children and no surviving spouse.

The Succession (Scotland) Act provides that a child of a predeceasing child can claim his dead parent's share of legal rights. A beneficiary is entitled to know the extent of the moveable property as at the date of death but is not entitled to an accounting of the deceased's affairs prior to death. That would be a quite bizarre situation and very unfair on the executors.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

I am extremely grateful for your advice. It was exactly what I needed t know

Expert:  JGM replied 3 years ago.
You're welcome.
JGM and other Scots Law Specialists are ready to help you