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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11977
Experience:  30 years as a practising solicitor.
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If a will specifies that heritable property should be split

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If a will specifies that heritable property should be split 3 ways between 3 adult children - but that moveable estate (specifically shares) should only be shared between 2 of the adult children......can the third adult still claim his legal rights to 1/3 of said moveable estate without losing his share of the heritable estate ( in this case a house and furnishings etc)?

No, if you claim legal rights, you lose your legacy in the will whether heritable or moveable. I hope that answers your question. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
This is in Scots law by the way, where the three adult children are entitled to a third of the estate. I don't understand what you are saying.1. Are you saying that the disinherited adult should not claim legal rights to the moveable property (shares) because he/she would lose the third share of the house?
2. Or are you saying that no one should claim legal rights? What do you mean by 'you would lose your legacy? Is the house considered a legacy and not the shares?
Please can you clarify? It is a very small answer and we have waited a whole day for it.

From what you say, the will provides that three children share the house three ways but the moveables are bequeathed to only two of them. If the third child decides to claim legal rights in the moveable property he will get his legal rights entitlement to the moveable estate but he will lose his entitlement to a share of the house under the will. In Scots law you can choose to take what you are left in the will OR you can claim your legal rights but not both. Whether you should take what you are left in the will or choose to take legal rights depends on what each are worth. Legal rights where there are three children and no surviving spouse would be one ninth of the moveable estate. If that is of a lesser value than the one third heritable estate in this instance then it would be unwise to claim legal rights. I hope that makes it easier for you to understand.

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