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(7 Posts)
primitivemom Sun 21-Aug-16 23:58:32

Hi all, I wonder if someone can help. A family member ( grandparent) has indicated they might be leaving me a substantial inheritance in the event of their death, but they gave 3 children who they are no contact with and don't want to include in their will. My mother and aunts have said they can contest an inheritance left to me as its their 'right' is this true? If so what is the point of my grandparents having a will to begin with? Many thanks.

agapanthii Mon 22-Aug-16 00:11:24

I'm not an expert... But I understood they would only have a right to contest a will if they were actually dependent on the money already. Eg a spouse or child living with and financially supported by the deceased . A child who has no contact is not a 'dependent'.

FrancisCrawford Mon 22-Aug-16 00:18:54

inheritance laws vary greatly from country to country so it would be helpful to know which country is your GF resides in. Also, does he have a spouse who is likely to survive him - under Scots law this could impact on his bequests

primitivemom Mon 22-Aug-16 00:31:17

We are in Scotland. Yes has a spouse who agrees with the will. I think it's a joint one. My mother and aunt don't take much to do with them but they have said they will contest any inheritance that's left to me hmm

cexuwaleozbu Mon 22-Aug-16 06:32:05

In England and Wales people have every right to disinherit their offspring (provided as per PP that the offspring aren't financially dependent on the deceased) but wills that do so do still get contested. It depends how the will is worded but if it explicitly says "I do not wish to leave anything to my estranged children because they have all been NC for years but instead leave everything to my granddaughter (primitivemom)" then any challenge would be unlikely to succeed. Many an estate has been reduced to not very much by such challenges though. Lawyers are expensive and tend to be the main winners in any case.

cexuwaleozbu Mon 22-Aug-16 06:52:06

Cross post - didn't see you were in Scotland.

Yes even with a will disinheriting them your mum and aunt do have a right to something (assuming that their parents your grandparents are also in Scotland)

These legal rights only apply to the moveable estate - ie it excludes land and buildings which your grandparents can pass to you no trouble. As both your grandparents are still living your mother and aunt get two bites of the cherry. When the first death occurs they are entitled to take one third of the movable estate to share between them, leaving the surviving spouse with two thirds (but I think that applies only to possessions, savings etc which are solely in the name of the deceased rather than jointly owned) then when the second death occurs your mother and aunt will be entitled to share half of the moveable estate between them.

more details here

Of course it is silly to dwell on this too much - one or both of your grandparents could end up needing expensive residential care for a decade or more reducing the estate so dramatically that these worries are academic. If it does happen, then if your grandparents financial arrangements are such that the main valuable asset is the house, then the amount that your mother and aunt are entitled to may not be that much and you will all be better off if you settle out of court.

primitivemom Tue 23-Aug-16 00:35:53

Thankyou for all your replies, this is very helpful X

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