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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12178
Experience:  30 years as a practising solicitor.
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My mum has left a will for 5 people one of them is my son

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My mum has left a will for 5 people one of them is my son who has died my brother in law is the executor and has told me that the lawyer has said his money will go back into the money pot to be divided by the remaining 4 people I know my son and my mum would want me to get this money I have not heard anymore only that my sister said we will all get cheques in about 10 days and there is no need for me to contact the lawyer.
Thank you for your question.
Unfortunately, whilst a son can claim his mother's inheritance in Scots law, a mother has no right to claim her son's inheritance. Your son's share will go back into the pot assuming that he died before your mother.
The executor has no power to change this although if all the affected beneficiaries agree, the executor could "change" the will by a Deed of Family Arrangement. This would require agreement of all affected beneficiaries so you might want to speak with them and see what the reaction is. If any one says no then this can't be done.
I hope this helps. Please leave a positive response so that I am credited for my time.
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