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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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My grandmother has passed away she had 4 children 3 of whom

Resolved Question:

My grandmother has passed away she had 4 children 3 of whom are deceased do I have a right to contest her will as she owned her own home? I have been told by a friend who works in an estate agents that I have a right to my deceased mothers quater share of my grandmothers property.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If there is a will which deals with who inherits the house then this part of the will in unchallengeable. Only where there is no will can a grandchild claim the whole of his or her deceased parent's share.

However you can claim legal rights in the moveable estate under section 11 of the Succession (Scotland) Act 1964. You are entitled to claim the share that your mother could have claimed. In the state by way of legal rights. This covers the moveable estate which is everything except the house.

To work out what you can claim, can you tell me:

1. what the will says in respect of beneficiaries and

2. who survived your grandmother in terms of children and grandchildren.
Customer: replied 3 years ago.


Thanks this answers my question. There is a will. However i'm not sure if there is any other moveable estate. I don't know who (company) that is dealing with the will. Is there anyway of finding out ? also when will this will be read and is there any legal way of me finding out ?

Expert:  JGM replied 3 years ago.
There is no formal reading of a will in Scotland. If you don't know who the executor of the will is then the only way to find out more information is to check the the clerk of the sheriff court for time to time to see when an application for a Confirmation to the estate is made. You will then be able to look at a copy of the papers at the sheriff court.
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