family law

[stevenrennie]

my husband passed away are his children entilted to anything

[Barmaid]

Depends on whether he left a will or not. If not, depends on how much the estate is worth.

If he did leave a will excluding them, they may make a claim under the Inheritance (Provision for Family and Dependants) Act 1974 for "reasonable financial provision".

[factor-fiction]

Good answer from Barmaid. Does it also depend on whether English Law or Scottish Law applies?

[Barmaid]

Yes factor. Scottish law has the law of legitim (legal rights) which allows for the relic's share (widow/er) and bairn's share. Although someone well versed in scottish law will have to answer how it applies cos I haven't got the foggiest.

[factor-fiction]

I recall that Scottish Law distinguishes between moveable assets (eg money, stamp collections) and other assets (e.g. house). I think the children can be/are entitled to a share of the moveable assets under scottish Law. Is Scottish Law relevant steverennie- was your husband domiciled in Scotland?

[factor-fiction]

All covered by Buenechio in response to an updated version of the question which confirms tha Scottish law applies in this case.

http://www.theanswerbank.co.uk/Law/Civil/Quest ion634730.html

[factor-fiction]

Link seems to be playing up. I'll try again. Sorry Buenchio, got wrong speling for your name

http://www.theanswerbank.co.uk/Law/Civil/Quest ion634730.html