mother's will - legal rights

[gilmoregirl]

I would really appreciate it if any lawyers / other knowledgable people could clarify this issue for me.

In her will my mother left the majority of her estate to my brother, leaving 1% to each of her daughters.

The letter we received with the copy of the will stated that under the succession act we could exercise a legal rights claim as 50% of the estate should be made available.

I just wondered if this was standard practice for the deceased's solicitor to provide this information (is it a legal requirement?)

We are not planning to contest it but I am just curious as I think it is a very odd thing to have done (not surprising unfortunately ) it almost feels as if she wants me and my sisters to resent by brother rather than to support him.

Perhaps this is standard in such cases and I am reading too much into it!

I am not legally qualified and can't really comment, but it would help the experts if you said what country you're living in/where the deceased died. The law is different in Scotland than it is, eg in England/Wales.

OP, are you in Ireland by any chance?

Sorry of course I should have said.

I am in Scotland so they refered to the Succession (Scotland) Act.

Really I just want to find out if the wording of the letter was a legal requirement or not (obviously it was up to her who to leave her estate to but just seems odd to me that the letter basically suggested that my sisters and I should contest the will!)

I think it's a bit like a stores refund policy. They have to tell you you've got 28 days but they don't necessarily want to exercise it.

My sister is having this problem at the moment in Ireland. Her DH's elderly mum died and he was left the house in its entirety, with a small cash sum left to each of her other (4) sons. This was because my BIL never moved out and took really good care of her for years, took her everywhere she wanted and did everything for her (for no good reason but that he loved his mum). Anyway bar one of his brothers the others never really tried that hard (think they felt they didn't have to as BIL was there) but that all changed when will was read. It's all going through the courts now.

Anyway, sorry to hijack but I think they have to tell you that you can, they just obviously hope you won't ...

As a solicitor in Scotland I can confirm that this is standard,you are entitled to an equal share along with your siblings in 50% of the moveable estate (ie excluding any houses/land) The solicitor cannot complete the estate administration without dealing with the question of legal rights .Hope this helps

thank you, that is helpful to know. The estate has not been finalised yet we just got the copy of the will.

It does not make it easy for me and my sisters as does make for family unity!