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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11672
Experience:  30 years as a practising solicitor.
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My husband died & left his moveable estate to myself & grandson

Customer Question

My husband died & left his moveable estate to myself & grandson whom we raised since birth his son whom he has been estranged from for five years wasnt left anything in the will my lawyer now tells me he is entitled to one-third of his moveable estate which his father would never have wanted he is my stepson
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
The lawyer is right. The son has a legal right to claim a third of moveable property even if he was cut out of the will.
Ironically if your husband hadn't made a will and died intestate the chances are you would have inherited more of the estate under prior rights on on intestacy but that is academic now. You can't challenge the son's legal rights claim.
You can read more about this here:
http://www.scotland.gov.uk/Publications/2005/12/05115128/51285
I hope this helps. Please leave a positive response so that I am credited for my time.