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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12297
Experience:  30 years as a practising solicitor.
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What progress has been made with the recommendation that the

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What progress has been made with the recommendation that the distinction between heritable and moveable property be removed for the purpose of calculating inheritance rights?

I am a solicitor in Scotland. The answer is very little. A testator is entitled to leave heritable property to whom he or she wants. Legal rights relate only to moveable property. Spouses have a right to a third of moveable property as do children. That applies on intestacy. It also applies where there is a will if the beneficiary wants to forfeit their legacy. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
I was hoping to get a read on (a) the likelihood of the “merging” of heritable and moveable property as recommended in the Scottish Law Commission report in 2009 and included in government’s legislative programme in 2014 and (b) timescale of possible change if adopted into law. Thoughts?

There has been no sign of progress that I can see on this since the passing of the 2016 Act. Any timescale depends on the legislative calendar which as you will know has been badly affected by the Brexit and independence distractions in recent months.

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