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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11124
Experience:  30 years as a practising solicitor.
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In scots law can I legally disinherit or better still can I

Resolved Question:

In scots law can I legally disinherit or better still can I legally reject my son such that he has no legal claim on my estate when I die.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You can only partially disinherit your son. He has no claim on your heritable estate as long as you make a will. However he a claim against all other assets, such as money, investments, insurance policies etc. His claim depends on whether you have a spouse and other children.

Can you tell me about your family situation? Depending on the value of your estate it may also be worth considering whether to make a will or not if you have a spouse as the laws of intestacy which apply to a surviving spouse might assist you here.

Can you also therefore tell me about the nature and extent of your estate?
Customer: replied 3 years ago.

My wife died last year, I have a son and a daughter. My daughter has sole ownership of the house, I have life tenancy; rent free. My son has no contact with me, neither did he visit with his Mother, whilst she was dying of cancer. He lives some 5 minutes away, but has turned his back on myself and his sister. Currently I am 67 years old and my savings amount to some £28,000 this is being added to at the rate of £1,200 per calendar month. HOW CAN I STOP MY SON GETTING HIS HANDS ON THIS MONEY WHEN I DIE? I want ALL my money to go to my daughter, as she had nursed my wife through her illness for some 5 years.

Expert:  JGM replied 3 years ago.
Even if you exclude your son from your will, he still has a legal rights claim to one quarter of your savings when you die. To avoid this, give all your money to your daughter on the basis she pays you back an allowance to live on. This is the only way to exclude him completely.
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