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Inheritance query

1 reply

WombatInWales · 21/02/2024 18:12

OH ( 2nd marriage for both) and I currently live in wales and are drawing up a will however we are looking to retire in the next 4 years .
Husband will be 65 and I will be 60.
Our plan was to retire to Scotland ( Husb is Scottish) however looking into inheritance law there we may have to change these plans.
I have 3 children from previous marriage ( dissolved 2000) which we both have a great relationship with
husband has 2 children and a step child with previous wife . Dissolved in 2009
All children are in their 30’s .
My husband has no relationship with his natural children or grandchildren at all ( their choice) and he wishes to disinherit them .
from my understanding, this is possible under English and Welsh law, but if we lived in Scotland, automatic inheritance laws take effect .
My question is, if The adult children live in Scotland but we live in England, can he still disinherit . He plans to leave everything to me in the first instance, but when we are both gone, it will be left to my children and the grandchildren
thanks in advance

OP posts:
prh47bridge · 21/02/2024 19:20

Provided he does not own any property in Scotland at the time of death, English law will apply. There is no automatic right for children to inherit in England, but they can try to claim under the Inheritance Act. A claim is unlikely to succeed unless they are in serious financial difficulties.

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