Legal Rights in Scotland
Our Private Client team can give you specialist advice on all aspects relating to Legal Rights in Scotland
At The McKinstry Company, we are highly experienced in dealing with succession and estates. Our legal team has a sound and thorough knowledge of executry law and will be able to advise you on how an estate will be divided and distributed upon death.
We understand how difficult it can be dealing with the loss of a loved one. The burden of administering their estate be overwhelming. We are here to help and offer advice, whether your relative or friend had a Will in place or not. We can explain to you how the estate will be divided and ensure that this is done correctly, in accordance with the law.
One important issue to consider is the impact of legal rights on an estate. Below we explain what legal rights are and how and when they apply. However, if you want any advice at all, please get in touch. Contact us on 01292 281711 or complete our online contact form. Our team are always happy to help.
What Are Legal Rights and When Do They Apply?
In Scotland, when someone dies, their children and any surviving spouse or civil partner have rights to their estate, known as legal rights. This is true regardless of whether a Will exists or not. Legal rights do not extend to unmarried partners or cohabitants. However, where a cohabitant dies without a Will, the surviving cohabitant can make an application to the court for a share of the deceased partner’s estate.
It is sometimes said that, in Scotland, you cannot disinherit your spouse or your children. This is because they have legal rights, and can, therefore, make a claim on the estate even if they are not explicitly named in the Will. However, any person who has rights under a Will, as well as legal rights, has to choose between them; he or she cannot have both.
Legal rights do not apply to houses or other heritable property but only apply to moveable property The date of death value of the moveable estate is reduced by deducting moveable debts, funeral expenses, inheritance tax, the expenses incurred obtaining Confirmation (Probate) and realising the moveable assets. Moveable property includes money in bank accounts, shares, cars and possessions like jewellery. If there is a surviving spouse, they will be entitled to one third of the moveable estate if there are children and one half if there are no children. Children between them will be entitled to a third of the estate if there is a living spouse and one half if there is not.
Contact Our Wills & Estate Planning Lawyers in Ayrshire & Dumfries and Galloway
At The McKinstry Company, we put our clients at the heart of our work. As a firm we never lose sight of the importance of the client and the outcome which the client seeks from us.
Our goal is to generate and maintain strong and lasting client relationships rather than a transactional approach to the work which we undertake. We are a law firm for life and will work with you as your family and finances change, to ensure that you receive the best possible legal advice.
If you want to learn more about the impact of legal rights on an estate, get in touch today. You can contact us on 01292 281711, or via our online enquiry form. Our friendly and dedicated team are here to help you.
All very prompt, efficient, clear, friendly and personable. Not overwhelming with legal jargon. Many thanks for making the process of setting up a will so straightforward.Mrs D, Troon
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I was very impressed with the professionalism shown by all members of staff I had any dealing with. All calls and emails were relevant to the sale of my flat. All questions I had were dealt with at the time. For any further legal matters I will certainly be using The McKinstry CompanyMr H, Ayr
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