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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12288
Experience:  30 years as a practising solicitor.
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Wife died. Husband and wife together. They have a joint bank

Customer Question

Wife died. Husband and wife together.
They have a joint bank account.
Husband put most of the money into the bank account.
Wife had a son who is the husbands step son, not adopted.
Son is now claiming 3rd of the money in the bank.
Wife left everything to her husband in her will.
Looked at the net it says old Scottish law Children are entiltiled to one third of money
Also saw something contridicaty that if someone has a prior claim this is not legal
Submitted: 2 years ago.
Category: Scots Law
Expert:  Nicola-mod replied 2 years ago.
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Expert:  JGM replied 2 years ago.
Thank you for your question.
Notwithstanding the terms of any will, a child can claim legal rights in his deceased parent's estate. Where there is one child that claim is one third if there is a surviving spouse. So the stepson can claim one third of the mothers's money. However if the father contributed most to the bank account then the mothers estate comprises only what she contributed so the lawyer is not right.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.