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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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Mother has gone to solicitor and made will dividing everything

Resolved Question:

Mother has gone to solicitor and made will dividing everything equally between 3 children and 4 grandchildren
One grandchild(8 yrs) will receive same as oldest child (60yrs)
3 children are unhappy at split having looked after her financial affairs/personal care/safe environment
What are options open to children?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
The children could elect to claim their legal rights instead of what they have been left in the will. They could each claim a sixth of moveable estate (ie everything except houses and land) assuming no surviving spouse. If legal rights exceed the legacy in the will then they get more. Otherwise they will have to accept the legacy left to them. Mother is entitled to make a will in any way she chooses, subject to the children being entitled to claim legal rights instead. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
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