only sons rights

[jimbeau777]

in scottish law do I have any claim to my late mothers movable estate value �75000 her will leaves all to my only sister in Australia

thank you

[R1Geezer]

If the will is valid, no.

[squarebear]

It's entirely up to your mother what she wishes to do with her money.

[dzug]

Sorry the previous answers are wrong. Scottish law is different.

In Scottish law the children do have a right to a share in the moveable estate regardless of what the will says.

If your father is dead you and your sister between you have a right to half the moveable estate - so I would guess that means you get a quarter and your sister gets the rest.

To claim just advise the executor - you only need to go to court if the executor won't pay up.

[R1Geezer]

You sure dzug? so what's the naffing point in having a will, surely his mum wanted to leave it to his sister, and this question and attitude is a good indicator of why.

[bednobs]

i too, find scottish law a bit strange in this respect ... what IS the point of a will if the estate is broken up in this way anyway?

[trevt0m]

thwe scotish know nowt and they cant play tennis

[dzug]

Lifted straight out of the 'Which' Guide, R1geezer, so yes I am sure.

The point of a will? Well, you can do what you want with the remainder of the estate. The 'legal rights', as they are called, in this case only apply to half the moveable estate - the rest can go wherever you desire.

Similar in many other countries - for example in France I understand you can't disinherit your family either.

The principle I suppose is that you are responsible for your family whether you like it or not.