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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12074
Experience:  30 years as a practising solicitor.
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My grandchilds father died recently Unknown if there's will.She was illegitimate but name on birth certificate.he was married with children does she automatically inherit and what is she entitled to.? We havnt seen solicitor as yet.
Thank you for your question.

Yes she is entitled to inherit. What she gets depends on whether there is a will but even if there is not or she is not mentioned in a will she is entitled to legal rights under Scots law.

The extent of the legal rights share depends on how many other children there are. Whether there is a legal rights fund depends on the value of the estate. If there is no will, it is possible that the widow's rights on intestacy might swallow the whole estate. For that reason the answer to two questions is desirable:

Do you know how many other children there are?

Do you know what the extent of the estate is?

Customer: replied 3 years ago.
There are 3 children.
No don't know but large house and oil related job insurance it will be large.
The widow not good relationship with my grand child's mum so I'm expecting her to contest it.
You can't contact a legal rights claim. It arises as a matter of law.

If there is a will which excludes your grandchild, the legal rights claim is for one twelfth of moveable estate. That basically includes everything except houses and land. So if there is money and insurance of, just as an example, £120000, the legal rights claim would be for £10000.

However, if there is no will, the widow has a prior claim to money of up to £50000 as well as household contents. The £50000 is taken proportionately from heritable estate and moveable estate but is paid before the legal rights of children. You would need to know the exact extent of the estate and how it is made up to calculate any figures here.

However, I hope this gives you an idea. A solicitor should be instructed to intimate a claim to the estate in early course.
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