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Question about inheritance law in scotland

8 replies

Moondust1973 · 13/06/2021 12:42

My mother passed away a month ago she had six sons but had no relationship with her other sons I've been left her house because of that and the fact I cared for her but I have a question do I have to keep the house for a certain amount of time after it legally becomes mine I'm concerned that if I sell it which I want to do as I don't like the area and its to big for me its got three bedrooms and I live on my own that if my brothers hear I've sold it they could want a share of money from sale of house I just wondered where I stand on this

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user1487194234 · 13/06/2021 19:59

If the house was left to you in her Will then your siblings have no claim on the house

Vetyveriohohoh · 13/06/2021 20:17

I believe Scottish laws around disinheriting children only apply to moveable estate so they have right to a share of that but not property. Who is executor? Can you get some legal advice?

Moondust1973 · 13/06/2021 20:34

im executor but im also getting help from lawyer but what i dont understand is he asked if i was still staying at the property (mums old house) to which i replied yes but i dont know how thats relevant

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Vetyveriohohoh · 13/06/2021 21:11

Assuming lawyer is in Scotland and is aware of siblings? Think it’ll be fine, you can sell once title has transferred to you as per will

Moondust1973 · 13/06/2021 21:29

Lawyer is in Scotland and knows about siblings

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virtuallyreal · 13/06/2021 21:33

www.turcanconnell.com/legal/wills-estate-planning-and-succession/legal-rights-in-scotland/

Not sure if the info in this link helps?

MaloInAnAppleTree · 13/06/2021 21:47

As I read it, whether something is heritable property which passes under the will, or movable property to which your brothers would have a claim, is determined by its status at your mother’s death, not by what you do with it later, so you’d be fine to sell it ASAP.

However I am not a qualified Scottish
lawyer so you should of course get your solicitor’s advice in writing to confirm it’s OK before taking action.

Moondust1973 · 13/06/2021 22:15

ok thanks guys this has put my mind at rest

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