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: 11554
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I have been excluded completely

Customer Question

Hi, I have been excluded completely from my recently deceased mother's will, the estate being shared by my 3 sisters. Their solicitor has asked me to sign a form whereby I renounce my legal entitlement. At this moment I do not wish to sign the document.
Can you explain the legalities under Scot's law re my situation and what I am potentially entitled to?
Many thanks, ***** *********
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Although you have been excluded from the will you are still entitled to what are called legal rights in the estate.
Assuming your mother had no surviving spouse and assuming your three sisters are your only siblings, your entitlement is to a one eighth share of the movable estate. Moveable estate is everything except houses, other buildings and land. So it includes money, shares, insurance policies, personal possessions etc.
If you sign a renunciation then the estate will pass according to the will. If you don't sign then your legal rights have to paid out to you once the estate is ingathered.
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
Customer: replied 1 year ago.
Many thanks for the foregoing. Can you please clarify the situation whereby, in my case, there are 4 grandchildren who are to benefit from my mother's will. Will my 1/8 share of the movable estate be from the gross figure or from the remaining movable estate after the grandchildren's monies are deducted?Many thanks, Ian
Expert:  JGM replied 1 year ago.
Legal rights form a first charge on moveable estate and have to paid before any legacies specified in the will.