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JGM, Solicitor
Category: Law
Satisfied Customers: 12198
Experience:  30 years as a practising solicitor.
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This is Scottish law and the executors say the children of

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This is Scottish law and the executors say the children of the deceased take precedence and as they are claiming their rights to the property any money left to me will be used by their claim. My question is surely the estate under question should be settled
without involving me. I was dependent on the deceased.
No that isn't right.
The legal rights of the children of the deceased, which amount to a total on one third of non heritable estate, it, everything except land and buildings, is deducted from the net moveable property BEFORE any bequests are paid and irrespective of what the will says. The bequests, or as much of them as can be paid, are then settled.
So the children have to be paid first, then the will is implemented. That is the law in Scotland. So the executors are right. The children are paid before you.
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