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: 11563
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My wife's father died about a year ago without leaving a will.

Resolved Question:

My wife's father died about a year ago without leaving a will. He had about £20,000 in savings and owned the house that he was living in. He separated from his wife 30 years previous and she did not live in his house. He lived in Scotland
My wife and her sister are the only surviving children.
We took advice from several Solicitors at the time regarding inheritance rights.
We were advised that because the wife did not live in the house she was not entitled to inherit it. In other words the house would become the property of the children to live in or dispose off as they wish. This would appear to be supported by Succession (Scotland) Act 1964: Revised 2005.
The Solicitor dealing with the estate has now advised that the deceased wife is entitled to £50,000. I.e. a proportion of the £20,000 movable estate and an additional amount from the heritable estate to make up the £50,000.
This advice from the Solicitor does not appear to be correct to me. Can you please advise.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
The solicitor's advice is correct.
The wife isn't entitled to the house by way of prior rights because she didn't live in it at the time of her husband's death. However, she does have a prior right to the sum of £50,000 paid from both heritable and moveable estate.
See section 9(3) of the 1964 Act.
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