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cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13329
Experience:  solicitor
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My Dad has recently passed away. In his will he split his assets

Customer Question

My Dad has recently passed away. In his will he split his assets between his children. However he is married to Heather. She left him 5yrs ago and as he was Catholic he did not want a divorce so they had a legal seperation of assets. She is now claiming 1/3 under Scottish law. Is her claim likely to be successful? Many thanks
Submitted: 4 years ago.
Category: Scots Law
Expert:  cityguru replied 4 years ago.
Hi this depends upon the terms of the settlement - normally this owudl expressly say that it was in discharge of the jus relictae - which is her claim to legal rights of a one the third of the movable estate. If may also be possible to argue that if they split his assets up at the time of the separation and he transferred assets to her that was a discharge of her right but that is not such a clear cut argument. So you need to start by looking at the legal settlement agreement. I am assuming your father was resident Scotland when he died. Her claim does not apply to any heritable property only the moveable estate.