A Petition to amend the Succession (Scotland) Act 1964, which entitles adult children to at least a third of the movable estate where there is a surviving spouse, has been lodged with the Scottish Parliament.
Children are entitled to half the movable estate where there is no surviving spouse.
Dingwall Solicitor, Mary McIlroy-Hipwell, who lodged the Petiton says:
“Scots Law is different in this respect from English Law where there is no such entitlement for adult children. It particularly effects a surviving spouse who will inherit the house but despite the wishes of the deceased that s/he should also inherit the full value of movables such as bank accounts or stocks and shares, surviving adult children can go to court for a share. That can mean the spouse can’t afford to stay in the house she has inherited.
“The law makes sense if there are young dependent children but under Scots Law adult children of any age can claim a share of the estate. In most situations where the family has been close there is no problem. The children accept what their father or mother leaves in the will. But if it is less than the statutory entitlement they are entitled to raise a claim in the Sheriff Court.
“The real problems arise where the children have been estranged from the parent, often for decades, and have been deliberately excluded from the will. They can reappear and claim their share.”
McIlroy-Hipwell believes the Petition will give individuals who are most directly affected the opportunity to record their experience. She continues:
“I think it would only require a fairly minor change to the law. There are already provisions in place that spell out entitlements where there is no will. We need to address the many instances where there is a will which spells out clearly the specific wishes of the deceased but where those wishes are overridden by the Succession (Scotland) Act.”
Reprinted with permission by Jon Aslin from: http://www.clickdocs.co.uk/news/view.asp?ID=619
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