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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12069
Experience:  30 years as a practising solicitor.
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My English born (UK citizen) husband died 22 Dec 2012. His

Customer Question

My English born (UK citizen) husband died 22 Dec 2012. His will (which he made in Gourock, Scotland with a Scottish solicitor) says he leaves EVERYTHING TO ME. (We have NO stocks, bonds, property (we rent), savings). Just household furnishings. We legally married 30 April 2007. In Glasgow. Just prior to that (I am an American citizen, soon to apply for British citizenship) I was granted permanent leave to remain or is it 'indefinite' leave to remain? Anyway, he has two English daughters. They did not attend his funeral. I have had a nice email from one to which I replied nicely. But the other one has barely phoned or texted me. Most notably "What does the death certificate say?" (not my name or her name) AND "Did he leave a will?2) Neither came to the funeral. I told her during a mobile phone convesation that he did leave a will. He left everything to me. And she said "Ifan (her Welsh husband) and I will come up to see everything BEFORE you move." I have to move soon can't pay rent. My Scottish friends says she is entitled to 30% of his stuff. And perhaps also his life insturance.  What do I do? I am terrified. My email [email protected] Mobile 44(NNN) NNN-NNNNThank you. (I am not nobody. I am Karen-Claire Voss and a historian of religions and am all over the internet.) But we have hardly any money and I am scared. I have no fmaily save 3 daughters who live in other countries. PLEASE advise. Many thanks. P.S.  I should have checked the LOWEST priority box.  I think then my fee would have been £33. I wasn't thinking about money when I checked the 'High' box.  So now it is showing as £47.  Since Kodak is cutting his pension in half, EVERY penny counts.  Please please adjust it back to £33. for me. 

Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

His daughters are entitled between them to a third of their father's moveable estate. Moveable estate in the context you have described is everything; houses and land are excluded but money, life policies, investments and personal effects are included.

It would have been better had your husband not made a will in fact as then you would have inherited his entire estate via what are called widow's prior rights. In this case, however, his daughters have a claim to legal rights and the widow's prior rights don't apply where there is a will.

I will be happy to answer any follow up question.

I hope this helps. Please leave a positive response so that I am credited for my time.