Prior And Legal Right Claims

Regardless of the existence, or terms of a Will, certain categories of people have rights to a deceased’s estate.

If there is a Will

  • Spouses and children have a Legal Right entitlement to claim a proportion of the estate. The specific value will depend on the value and circumstance of the estate. Their claim can be made instead of accepting any entitlement under a Will. In other words, they cannot take both.
  • Otherwise, the estate is distributed in terms of the most recent and valid Will.

If there is no Will

It is worth noting that the above deals exclusively with assets which are treated as part of the deceased’s estate. However, there are also several types of assets which may fall outwith the confines of the deceased’s estate, such as pensions, assets held in trust and certain joint assets.

Contact us today or fill in our form and we will call you back.

Related Posts

Fire and smoke alarms

Fire and smoke alarms

New rules come into force in Scotland from February 2022 regarding fire and smoke alarms. The new rules provide that all homes in Scotland must be fitted with an appropriate number ...

The decision to seal Prince Philip’s Will – an update

The decision to seal Prince Philip’s Will – an update

In October 2021, we wrote a blog about the decision to seal His Royal Highness Prince Philip’s Will for 90 years (available here). As discussed in our previous blog, the hearing ...

Can I disinherit my children on my death?

Can I disinherit my children on my death?

Usually the way in which someone chooses to deal with their estate upon their passing is a private matter discussed between themselves, their lawyer, and possibly those who stand to ...

The decision to seal Prince Philip’s Will – are Wills public documents in Scotland?

The decision to seal Prince Philip’s Will – are Wills public documents in Scotland?

You may have seen the recent announcement that His Royal Highness Prince Philip’s Will is to be kept secret or ‘sealed’ for the next 90 years.  The President of the ...