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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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My mother passed away in August

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My mother passed away in August leaving all to me in her will. According to Scots Law my Brother's (deceased 1988) biological son is allowed to claim a percentage of her movable estate as my brother pre-deceased him. I do not have a problem wth this but would like to know th wording of that law as my nephew now wants to know what my mother spent of the proceeds of her house when it was sold prior to her death. Has he the right to ask this question. Fiona XXXXX

Thank you for your question.

The law is not worded in any particular way. The common law says that a child can claim legitim or legal rights in a parent's estate. The share is one quarter of moveable property where there are two children and no surviving spouse.

The Succession (Scotland) Act provides that a child of a predeceasing child can claim his dead parent's share of legal rights. A beneficiary is entitled to know the extent of the moveable property as at the date of death but is not entitled to an accounting of the deceased's affairs prior to death. That would be a quite bizarre situation and very unfair on the executors.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 4 years ago.

I am extremely grateful for your advice. It was exactly what I needed t know

You're welcome.
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