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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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I live in Scotland and my father died recently. he left a will

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I live in Scotland and my father died recently. he left a will leaving his partner everything and didn't leave me or my brother anything. He had lived with his partner for about ten years, they never married or had any type of civil ceremony. I have been advised that as children we are entitled to claim one third of his movable estate if he left a spouse, or one half if not. my question is. Is his partner considered a spouse in these circumstance or would we be entitled to claim one half of his moveable estate.
Thank you for your question.

Your legal entitlement is half moveable estate between you and your brother. The partner is not a spouse.

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Customer: replied 4 years ago.
Thank you for your response is it the case we are entitled to half even though my father left a will leaving everything to his partner
Customer: replied 4 years ago.
Relist: Other.
I am asking for confirmation re his partner being named as the sole beneficiary are we still entitled to half his moveable assets ...thank you
Yes. Legal rights apply irrespective of the will.