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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17064
Experience:  30 years as a practising solicitor.
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Scottish law question:

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Scottish law question:
Customer: replied 17 days ago.
Re inheritance
Customer: replied 17 days ago.
Can a father divide estate equally between his three children and four grandchildren (two grandkids from two of the children, the third child has had children himself)
Customer: replied 17 days ago.
Or are children entitled to 1/3 each
Customer: replied 17 days ago.
There is no spouse or civil partner
Customer: replied 17 days ago.
Thank you
Customer: replied 17 days ago.
Sorry that should read "the third child has NOT had children himself"
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Customer: replied 16 days ago.
Ok thanks

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Yes, where someone makes a Will they can direct that children and grandchildren share equally. However any of the children can, instead of accepting the legacy in the Will, elect to claim what are called Legal Rights. In this case the child could claim a one sixth share of moveable estate only instead of their legacy. The child would have to know roughly the value of the legacy as well as the value of a one sixth share of legal rights to determine the better option. Moveable property is all assets except land and buildings.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 16 days ago.
Thanks. How does that relate to proceeds from buildings to a sold?

If the building was sold after the person’s death the proceeds are heritable.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17064
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you