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Elderly parents

Anyone understand Scottish probate re. moveable assets?

2 replies

Explodingdreams · 28/02/2024 13:12

I'm trying to make sense of the situation my Scottish PILs are in. My FIL (actually a stepFIL) is terminally ill. He and my MIL are 'tenants in common' in their home which they own outright, so I don't think there is any issue with my MIL remaining in the house on his death. However, she says that a third share of the value of everything else must be given to stepFIL's children. That is, a third of the value of the car, any savings (probably very little) and all furniture.

In practice, how does this work? Their furniture is worth very little - does someone literally come round to value it? Will she have to sell the car, in order to give the children a third of the value, if she has not got enough ready cash?

It all seems so alien to me, and I'm worried that she might find herself impoverished.

I suppose the situation is slightly complicated by there being stepchildren involved. While one's own children are unlikely to insist on being handed, say, two of the six dining room chairs whilst one parent remains in the house, the same might not be true of stepchildren.

OP posts:
Musicaltheatremum · 28/02/2024 14:55

Is that what is written in the will? In Scotland you can't disinherit your children and they are as a group entitled to 1/3 of the moveable assets. Usually the executor or lawyer if using will write to the children saying that the estate has been left to the spouse but as children they can make a claim on the estate. As to valuation I m not sure how they do this though.

Mum5net · 28/02/2024 17:08

In our probate for DM there is a line that says ‘deceased’s personal effects’ then says Executor’s Estimate.

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