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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15057
Experience:  30 years as a practising solicitor.
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My mother married a duncan Hawthorne who is my natural

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My mother married a duncan Hawthorne who is my natural father as of 20/01/1943. They seperated and she divorced him under the draconian condituion at the time around 1953. I had little or none experience of him but mey birth was registered in the district of Rathven as John Taylor Hawthorn. She was Edith Ne Taylor. I don't think he ever acknowleged or cared for me. Recently I discovered he died in 1998. My question is I believe under Scots law as the eldest Son I'm entitled to 33% of the moveable estate?
JA: Has he talked to a lawyer about this? What country does he live in? If different, what country does this legal question relate to?
Customer: I believe he and his second family? -live in scotland - I live in England
JA: What steps have been taken so far?
Customer: By me -absolutely none. It was my granddaughter who found out his date of death.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: All I want to know for now is whether the 30% rule is valid and wheth it would be time barred

Thanks for your question. If your father died in Scotland you would have been entitled to legal rights in his estate. The amount or percentage would have depended on whether he died married and how many children he had. However it doesn’t matter now. Your legal rights are time barred. You had 20 years to claim and that has expired. Your claim would have been a share of his non heritable property. Not a third, but a share of a third or a half depending on how many other children there were and whether there was a surviving spouse. The fact you were the eldest child doesn’t matter. It the main issue is that your father died more than 20 years ago and because of that you no longer have a claim on the estate. I hope that helps. Please leave a positive rating on the star rating system on your screen. That will allow JustAnswer to credit me for helping you today.

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