How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

My aunt married and had 4 children whom she placed in care.

This answer was rated:

My aunt married and had 4 children whom she placed in care. Her first husband died and she later married again. She and my uncle had no children. My uncle died without recognising the children of her first marriage. My aunt had no contact with her children. She has now died and has left a will which makes no mention of the children - now adults ofcourse. As at best step children, do they have a claim onthe estate? These events all took place in Scotland.
Thank you for your question.
They aren't your aunt's step children. They are her children and do have a claim on your aunt's estate; unless the children were adopted by others, the children have a claim on your aunt's moveable estate.
They each have a legal rights claim to one eighth of the moveable estate owned by your aunt as at the date of her death. Moveable estate is all money and other non heritable estate such as insurance policies, shares, bonds, investments but excludes houses or land.
Under Scots law their claim takes precedence over the will.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you - that's very clear.