Leaving A Grown Up Child Out Of A Will In Scotland

Wonderland12 | 18:42 Tue 24th Oct 2023 | Law

27 Answers

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.

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windywillow

Thank you very much, Your Honour, and thanks to everyone else.

Apologies for muscling in on your post, Wonderland.

maggiebee

My dad left my two brothers out of his will and left everything to me. He had not seen either of them for 20 years. However, under Scots law they were entitled to one third of his moveable estate. They received one third of his estate divided between them = one sixth each.

windywillow

It seems very unfair when you can't leave your own money to the folk of your own choosing.

I've never heard of 'moveable estate'. Would this be everything except the house?

Buenchico

^^^ Everything except land and buildings, WW

naomi24

If you haven't much to leave can you not give it all to your daughter now?

windywillow

Thanks Chris.

Peter Pedant

erm I think you should consult a lawyer who specialised in scots wills.

1520-1540 ( yup Mary Queen of Scots and all that ( actually James V) part of the renaissance was The Reception - of renaissance roman law ideas. This never occurred in England which was struggling with the Kings matter and Reformation.

France and all the Napoleonic Code countries maintain the tiers parti ( you can leave only a third part to whomever you like. The family gets the first two parts)

so regulated by law in France, 90% dont write a will

https://fr.wikipedia.org/wiki/Testament_(droit_fran%C3%A7ais)