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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience:  30 years as a practising solicitor.
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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: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months 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, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 11 months 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 11 months ago.
Legal rights form a first charge on moveable estate and have to paid before any legacies specified in the will.

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