ChatterBank1 min ago
making a will
If my partner has made a will leaving his house to his son but he has also made a minute of agreement leaving me his partner the house who then is the legal beneficiary of the house,,,i live in scotland.
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This must be about the 3rd time you've tried to get this answered.
The trouble is that a Minute of Agreement is a term specific to Scottish Family Law and there are probably even fewer than normal of us knowing anything about it, in terms of what takes precedence.
I suggest you re-post this sort of enquiry on a more specific website - this one for example.
http://www.scottishla...aBB.pl?num=1173518816
Or do as the advice to this enquirer advises - go back to the solicitor who drew up your original Minute of Agreement for an opinion.
The trouble is that a Minute of Agreement is a term specific to Scottish Family Law and there are probably even fewer than normal of us knowing anything about it, in terms of what takes precedence.
I suggest you re-post this sort of enquiry on a more specific website - this one for example.
http://www.scottishla...aBB.pl?num=1173518816
Or do as the advice to this enquirer advises - go back to the solicitor who drew up your original Minute of Agreement for an opinion.
Hello there,
I have Googled for you,and this a short summary of what I have found (mainly from the Scottish Government's "Minute of Agreement" website).
The Minute of Agreement would give you the house if you were to split from your partner whilst he lives.
If you split/divorce before he dies,the house becomes solely yours,and if he dies after that the children would have no claim.
If he dies whilst you are still together,then the Minute of Agreement becomes null and void,and the will comes into force in favour of the children.
I am confused as to why your partner has made out a Minute of Agreement,as these are normally used in marital breakdown to avoid high divorce costs.
However, I have no legal knowledge I only repeat the facts from what I have seen on the Scottish Government's site.
However,I agree with BM,you should really consult the solicitor who drew up the Minute,and ask him why it was drawn up,and what consequences irt would have re your partners will.
I have Googled for you,and this a short summary of what I have found (mainly from the Scottish Government's "Minute of Agreement" website).
The Minute of Agreement would give you the house if you were to split from your partner whilst he lives.
If you split/divorce before he dies,the house becomes solely yours,and if he dies after that the children would have no claim.
If he dies whilst you are still together,then the Minute of Agreement becomes null and void,and the will comes into force in favour of the children.
I am confused as to why your partner has made out a Minute of Agreement,as these are normally used in marital breakdown to avoid high divorce costs.
However, I have no legal knowledge I only repeat the facts from what I have seen on the Scottish Government's site.
However,I agree with BM,you should really consult the solicitor who drew up the Minute,and ask him why it was drawn up,and what consequences irt would have re your partners will.
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