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Claim on an Estate

(2 Posts)
Barbara1967 Tue 27-Nov-12 01:20:15

I am Executor to my brothers estate when he dies. He is ill in hospital at the moment with cancer. We are hoping that he will get through it. He doesnt live with his 'wife' and they are still married even though she lives abroad. In the worst case scenario and he doesnt make it, he has made a will stating that his estate is split between his 2 nephew and a niece. I know for a fact that his so called 'wife' will contest the will as she was always a golddigger. There is a property abroad, money in the bank and some smaller assets. He recently inherited £42,000 from my parents estate and I dont want her getting her hands on my parents money. What will she be entitled to under Scottish Law? Can anyone help?

IfYouCanMoveItItsNotBroken Tue 27-Nov-12 10:39:23

The property abroad would be subject to inheritance laws in it's own country so cannot say. Have they had a separation agreement drawn up? This would contain a clause vacating her rights to inherit. If not then it is likely she could claim half his assets and cash. However, if his inheritance came after they separated it would, perhaps, be more protected than his other assets. I honestly haven't came across this situation in practice. A separation agreement would be a sensible step now, cheap to prepare but she may want "paid off" if they didn't sort out finances post separation. A court battle over his estate could end up costly, the fees coming from his money. I hope your brother feels better soon.

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