Leaving A Grown Up Child Out Of A Will In Scotland

[Wonderland12]

I moved in with my daughter over 5 years ago into her rented house. I only have a few items that I bought with me and a little money in the bank but I want to leave all that I have to her and nothing to my grown up son who I have not seen for years. I worry that when I die he will try and take things belonging to my daughter. I want to leave him out of my will, I live in Scotland. What I want to know can I do this and leave him nothing or do I have to leave him something, even if it is only a £100 or an ornament?  I do not want him coming in the house and taking things.Thank you in advance.

[Canary42]

I'm in England which probably differs, but when I made my will and had a similar requirement my solicitor recommended a covering letter to go with the will (similarly executed with witnessed signature) explaining my reasons and stressing the case.

[newmodarmy]

What would the size of the estate be very roughly? A few thousand or tens of thousands or hundreds of thousands *maybe from the sale of a property before you moved in to rented accommodation with your daughter? Is it large enough to warrant paying for legal advice?

[Canary42]

P.S. to above; What this essentially tends to do is pre-empt any possible challenge.

[newmodarmy]

It is different in Scotland, canary42:

"You cannot disinherit a child in Scotland

In Scots Law, children are protected from disinheritance, so if you are domiciled in Scotland, you cannot disinherit your children. Because of this, whether you like it or not, your children will have an automatic right to inherit a share of your movable estate after your death"

[Neveracrossword]

Children cannot be disinherited under Scots law, they have a legal right to share in an inheritance. 

[DTCwordfan]

The letter plus say a totally nominal amount and, say, one or two items like an awful painting or piece of pottery and we all thave them....if you have jewellery, nominate 'cheap' pieces to his daughters as well - it all demonstrates that you have 'thought' of them from a legal perspective....

[DTCwordfan]

Your lawyer will advise what is the bare minimum....

[Neveracrossword]

Years ago, when my Scottish aunt faced a similar scenario, she was advised that her daughter was entitled to a specific percentage of the estate. (It's a little more involved, complicated if there's a property involved, but that doesn't seem to be the case here.)

[Buenchico]

Assuming that you no longer have a living spouse, your son and daughter have joint 'legal rights' to one half of your 'net moveable estate' (which includes your money, investments and possessions), which regrettably can't be erased by any provisions in your will in Scotland:
https://www.bereavementadvice.org/topics/planning-ahead/wills-in-scotland/

[Toorak]

Children are automatically entitled to one third of the moveable estate.

[Toorak]

^^^ if there is a surviving spouse. If not, buenchico's provision applies

[newmodarmy]

I think that's only applicable when there's a surviving spouse or civil partner, Toorak. I don't know whether there is in this case- none has been mentioned though. 

[Canary42]

OK, thanks for that correction (in my case it was step-sibling, not child).

[windywillow]

If you've never given birth to any children of your own, do your step-children have automatic rights to your estate?

[Toorak]

No, I don't think so - it just applies to children.

[windywillow]

Thank you.

[Toorak]

WW - if you have a stepchild then they would be entitled to your spouse's estate (but not to yours)

[THECORBYLOON]

Adopted children also have automatic rights to inherit. 

 

[windywillow]

///If you have a stepchild then they would be entitled to your spouse's estate (but not to yours)///

How would this work.....all our assets (house, bank account) are in joint names,  except for our car, which is in husband's name. So if he dies before me, doesn't everything come to me?

[New Judge]

So if he dies before me, doesn't everything come to me?

Yes (apart from the car). That is his to leave to whomsover he pleases via a will, or in the event there is no will, it will be distributed via the rules of intestacy.

Joint assets are not owned in discrete portions by each of the parties. The "partnership" owns them entirely. When one of the parties to the partnership dies, the survivor becomes the sole owner. This takes place outside a will and the assets cannot be left to anybody else as they do not form part of the deceased's estate.

With property, there is a slight complication. Property can be owned jointly either as "joint tenants" or "tenants-in-common". Joint tenants own the property as a partnership and the entire property reverts to the survivior in the event of the death of one of the parties (as above). But tenants-in-common own discrete shares of the property (usually 50:50, though this can be varied by agreement). This means that the share of a deceased partner does form part of his estate and can be left via a will, or distributed under the rules of intestacy, to somebody else.