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JGM, Solicitor
Category: Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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Ronald, a Scot, had three sons. The second one, now deceased,

Customer Question

Ronald, a Scot, had three sons. The second one, now deceased, has 2 sons (the Grand Sons)
1 ) When Ronald's widow dies, what are the rights of the Grand Sons to their Grand Mother's estate in Scottish Law ?
2 The elder son has been given by the Widow power of attorney, and actually runs the estate, without a right of regard by the GrandSons. Are they entitled to a control over the actions of thier Uncle, andif so how should they get it implemented by Scottish law ?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
1. The grandsons inherit what their predeceasing father would have inherited as legal rights OR by virtue of any will if the will provides for them to inherit their late father's share. They can either take their legal rights or what is in the will for them, not both. Legal rights are one sixth of moveable property between the two grandsons on the grandmother's death. Moveable property is all property except houses and land. Note that the grandsons also have a legal rights claim to Ronald's estate assuming the widow's prior rights didn't exhaust the estate. Because at that stage there is a surviving spouse their claim for legal rights in one ninth between the two grandsons.
2. They have no legal right to control the attorney unless they think that he is not acting in the best interests of his mother in which case they can contact the Office of the Public Guardian in Scotland interventions department.
Happy to discuss further.
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