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: 10913
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

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.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10913
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.co.uk/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.co.uk/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.co.uk/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.co.uk/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.