Inheritence in Scotland

[hales43]

My Husband died 4 years ago and his father died recently. My husband was an only child and we have 2 children. My father in law made a home will leaving his estate to my husband and on the death of my husband altered it to my name. I believe this is no longer valid. My mother in law is still alive but left my father in law 38 years ago. My father in law's property was never the marital home and was purchased aproximately 15 years ago. Can his estranged wife claim his whole estate or do my children his grandchildren have any rights. Please help

[dzug]

I <think> the estranged wife still has some claim on the estate (assuming no divorce has taken place). Not sure exactly how much - �110K rings a bell but that may a) be out of date and b) not the whole story.

You have the right through the will to whatever part of the estate the estranged wife cannot claim. As she was not living in the house she has no direct claim on it.

[hales43]

If the will is invalid will the property be included in the settlement to my mother in law or could i try and claim some of the property on behalf of my children.

[dzug]

Why is the will invalid? There's no obvious reason for that in what you've said.

If it is then I pretty sure the grandchildren would get a share, though the widow would still get most of it.

[hales43]

A solitor advised me that the fact my father in law altered the will but did not date it, he wrote witnessed but did not write the name of the witness may invalidate it but it will take about a month to find out as he wants a professor of inheritence to look at it. My mother in law lives in France with her partner of 22 years and i wondered would i have a chance of challenging her claim with the courts.
Thank you for responding

[dzug]

I would have thought you had zero chance of a successful challenge through the courts. But see what your solicitor says.

Scottish intestacy law looks rather complicated but the widow gets a large share followed by children (none, as deceased) and grandchildren.

He really should have divorced in 38 years - sorry.