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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 14929
Experience:  30 years as a practising solicitor.
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I live in Scotland When my step father died ( I wasn't

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I live in Scotland When my step father died ( I wasn't adopted he married my mum when I was 8) as far as I was aware all the money should have nad did got to mum. My mum is now dying and has written a will and my sister says she has to get 2/3rds and I get a third as she was entitled to that when her da died.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: NO I live in Scotland and thats what it relates to
JA: What steps have you taken so far?
Customer: None I'm just trying to find out if it is correct that she gets 2/3rds before I speak to my mum and take action
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am the eldest son

Thanks for your question. I am a solicitor in Scotland. Is your sister the daughter of your mother and stepfather?

Customer: replied 14 days ago.
Yes
Customer: replied 14 days ago.
Sorry unable to call can you answer on here ?
Customer: replied 14 days ago.
Do I not get an answer because I can't call?

The call offer is automatically generated and you can ignore it. Can you reply to my info request here please.

Customer: replied 14 days ago.
I've answered everything you have asked

I asked if your sister was the daughter of both your mother and step father.

Customer: replied 14 days ago.
I replied Yes

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.

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