Inheritance in Scots Law

[wily]

In Scots Law when a husband or wife die, does the surviving partner inherit everything or do surviving children of the marriage have a right to any inheritance?

[factor-fiction]

Sorry I'm not certain of the answer but I do know this topic crops up with great regularity in the Law section, so when you posted the question did you take up the option of looking at similar questions?

[dzug]

The simple answer is it depends on the value of the estate and the nature of the assets, plus whether a will was left or not.

Depending on the details of the above then there is a good chance that the children have some entitlement.

I'm feeling too jaded to go into the detail at the moment - will do so later if noone else does.

[Drisgirl]

If no will has been made then all parties are entitled to a share-a third between children and two thirds to the remaing spouse however that can be challenged.

If a will has been made then heritable property cannot be challenged -if the will had been made in favour of the surviving partner.

You can no doubt see that I have A) had probs with a will and B) revised my own will.

However as this is so complex -without being pedantic at all google Scottish Law as the info there is pricelss and I dont want to give ya a bum steer.I was able to revise my will tho that info -and my solicitor basically just took what I had typed out my hand and put it into fancy legal terms.
Good Luck .

[Stu Dent]

There isn't an easy answer to this question since it's terms are so narrow and vague. As dzug has alluded to, we need to know more about the value of the estate - heritable (land/buildings) and moveable property (cars, shares, savings, etc.) - and any debts that may be attached to those different types of property. We also need to know if a will has been made.

In the broadest terms, it is not possible to disinherit one's children - even if the terms of your will (self written, perhaps) contradicts this legal position. However, and again in broad terms, if the estate is meagre, the children will likely see nothing; perhaps a small amount may be inherited if the estate is modest; and, if the deceased's estate is very large, then there is a good chance that any surviving children would inherit a substantial amount.

I will try and give you some examples as a guide.

[Stu Dent]

.....but probably not tonight!

Succession Law isn't too difficult, but it's complexity is in the number of variables that affect the outcome of the answer.