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Thanks for your question. I am a solicitor in Scotland. Is your sister the daughter of your mother and stepfather?
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I asked if your sister was the daughter of both your mother and step father.
I asked if your sister was the daughter of both your mother and step father. I see you have responded to that, thanks. I’ll be in touch in a few minutes.
Assuming your stepfather left his estate to your mother, you mother is now free to distribute that estate as she sees fit under normal circumstances. However Scots law provides for legal rights claims by children. Your sister could have claimed a third of her father’s moveable estate as legal rights when he died. Whoever wound up your stepfather’s estate should have got her to sign a renunciation of her legal right to claim a third because that claim lasts for 20 years. If she makes the claim now she would be entitled to a third of your stepfather’s moveable estate as was at the time of his death and she is also entitled either to what your mother leaves her or a quarter of her moveable estate. Note that legal rights don’t apply to land and buildings. If your stepfather’s estate was wound up by a solicitor you will want to speak to them to check if a renunciation of legal rights was sought and if not, why not. Your sister is not correct that she is due two thirds of your mother’s estate but she was and is entitled to claim a third of her father’s estate even if she did not do so at the time of his death, assuming no renunciation was signed by her. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.