Scots Law re Inheritance

[AuntyMabelandPippin]

Can any Scottish lawyer give me advice re inheritance in Scotland please?

The will was made in England before moving to Scotland and it leaves everything to the surviving spouse. Is this ok, or do children factor in it, even thought they're not mentioned in the will?

We've read different information, and need this clarifying.

Thank youj.

I'm not sure about your specific circumstances. However, my Scottish friend and her sister had to sign something to say she was happy for her mum to have her Dad's inheritance after he passed away. The wil had left everything to her mum.

In Scotland children have a claim on 1/3 of the cash in the bank (not property/shares/pension). The third is split between all kids (so an only child can claim a third, 2 siblings 1/6 each etc).

you can claim it, decline it or keep your options open for 25 years.

Legitim.

When the deceased was domiciled in Scotland, the children are entitled to a fixed proportion of the net moveable estate irrespective of the terms of the will. (1/3rd where spouse is surviving).

The executor should advise the children of their right and whether they wish to claim or renounce (so long as over 18 years of age).

Thank you, that's what we needed to know.

Just being nosy, I'm not in Scotland. Does the 1/3 apply to a joint account? Just thinking in the case of a couple with children who don't have savings as such, one joint account where both wages go into and one dies say the day after pay day. Does that mean kids are entitled to essentially a third of that months wages probably leaving spouse short of cash? Or does it only apply to single accounts?