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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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Both my father and I were born and have been resident in Scotland

Resolved Question:

Both my father and I were born and have been resident in Scotland throughout our lives.We had been estranged for many years following his remarriage. My father died recently and did not name me, his only child, in his will. I have advised the lawyers dealing with his will that I wish to claim my entitlement of 1/3 of the moveable estate. I have a few questions however:
What constitutes the moveable estate, for example are family photos included?
If my father has stipulated that personal items should be disposed of in a certain way but this is not written into his will, can I insist that these are sold and included within the moveable estate?
If my father has transferred sums of money/ shares to his wife or step-children prior to his death, are these included within the moveable estate if this was done within 7 years of his death or is that only under English law?
Am I entitles to see a list of all items included within his estate and their valuation?
Can I insist that all items within his moveable estate are sold to ensure their valuation is accurate?
Thasnk you for your help with this.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
What constitutes the moveable estate, for example are family photos included?
A. Moveable estate is all estate apart from land and buildings. However, it is implicit that such estate has a value in a commercial sense. Family photos have no value and therefore the executors are unlikely to enter into discussions about them.
If my father has stipulated that personal items should be disposed of in a certain way but this is not written into his will, can I insist that these are sold and included within the moveable estate?
A. No. The executors are in charge and have to follow the will and the laws of succession. Any verbal stipulation does not have to be considered.
If my father has transferred sums of money/ shares to his wife or step-children prior to his death, are these included within the moveable estate if this was done within 7 years of his death or is that only under English law?
A. Gifts within are taken into account for inheritance tax purposes. However they don't constitute moveable estate as at the date of death.
Am I entitles to see a list of all items included within his estate and their valuation?
A. No.
Can I insist that all items within his moveable estate are sold to ensure their valuation is accurate?
A. No.
Thasnk you for your help with this.
I hope this helps. Please leave a positive response so that I am credited for my time.
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