My mum died v recently. She was legally married to my dad but they had been separated for 14 years. I also have a brother. She had a will done last year, with everything going to my 4 grandchildren (her only grandchildren). We all knew about it and she sent me a copy which I have. She owned a flat outright - total estate will be well under IHT.
My dad and brother are convinced that as my dad is her legal spouse that will supersede the will. The flat was purchased outright 10 years ago, my dad never lived in it. They had got divorced when I was about 10 and remarried when I was 16. The family home remained in her name. She bought a new house in her name only, was still married to my dad. They split and reconciled a few times and he lived in her new house for maybe 5 years out of the 10 she was there. My dad was paying her monthly amount to compensate for her lower pension due to career break etc. This was his choice and there was no legal instruction to do so.
I know under Scottish law Spouse and children can claim percentages of the moveable assets such as money, but not the heritable estate like the flat. But does all their complicated financial history mean my dad could technically have a claim in the flat?
I would say I don't think my dad is actually interested in benefiting from her estate, he just assumed as spouse he would need to deal with everything. He has an incredible need to be in control of everything and make all decisions. We've had a bit of a falling out already as he didn't think we should bother to have a funeral for her. Me being down as executor is ruffling the family dynamics. It would have been my brother but she'd fallen out with him.
I know I'll need to go and see a solicitor but I'm not going up until later next week and will have limited time there. (none of us live in Scotland, was just my mum).