Would DH have been entitled to anything if he had contested the will?

[Kirby67]

MIL passed away 18 months ago. A few months later DH received a letter from FIL lawyer asking if he wanted to make a claim on MIL estate. DH said no and I will be honest that he assumed that he would be gifted some money because PIL are quite wealthy from inheritance and various other streams. I was pregnant with DC1 at the time and we have been saving to try and move to a house out of an apartment but live in a big city so obviously it's taking time.

Anyways the estate settled and FIL has never mentioned another thing about it. He has made the odd "when I die you will get money" strange joke but otherwise no mention.

What would have happened if DH had told the lawyer that he did contest? Not that it makes any difference now but I will admit he is quite bitter about it all considering FIL knows we have been trying really hard to upgrade to a house.

FIL lives in Scotland if that makes any difference.

I know nothing about Scottish law, but presumably most adults leave their estate to their spouse.

Not an expert but I think under Scottish law he would have been entitled to a third of her moveable assets.

have you googled the relevant law in scotland?

in england for example think it’s that unless the will says otherwise everything goes to the spouse.

I’m not sure if the law is actually different, especially if there is a will but when my mum died, it was all left to my Dad. Not that they has separate finances any way.

Was there a will?

As a child he would have been entitled to a share under Scottish law. Children can't be disinherited.

Is FIL DHs bio father?

Yes FIL is DH's biological father.

Unsure if there was a specific will but FIL is a very particular man so I assume there would have been.

Under Scottish law you can't disinherit your children. They are entitled to a fixed share of your assets, however - as I understand it - the family home is not included in this. Therefore, presuming your FIL is still in the marital home, DH couldn't have touched this. You'll just have to wait until FIL dies.

I must admit, the idea that my kids hope to get money when I die, leaving DH a widower is repulsive to me. All our assets are joint, and the other one will inherit. Once we're both gone the DC get an equal share of our property.

It feels vulture like to be bitter over the fact that you think you should have got something out of an estate.

Should also add that FIL called to thank DH that he had "not contested"

A document had to be signed by DH and returned to the lawyer who was dealing with the estate.

It’s not really contesting ,it’s simply claiming legal rights in the moveable estate
Legal rights is 1/3 of moveable estate split between children

It’s not contesting the will - he’s legally entitled, in Scotland, to his third share, and I believe he has a number of years (up to 10?) to do this. Google it - it’s not a secret!
obviously I’ve no idea what he’s signed and what, if any, baring that would have in his legitimate entitlement.

It’s nothing to do with contesting - it is about entitlement. Husband was entitled to legitim (one third of the moveable estate of parent (shared between other siblings if any ) when there is a surviving spouse). The normal procedure is for a solicitor to write explaining entitlement, quantifying the amount, recommending obtaining independent legal advice, and asking whether wishing to claim or renounce.

It is common for children to renounce, but not always a good decision.

Yes if surging spouse goes into care /remarries but doesn’t make a Will DC could get nothing

surviving not surging

It's 20 years to claim. Just been through this with my mil and her estate. The sons were written to and told that their mother had left everything to the father but that they could make a claim if they wished.

I think he signed it away though from what the op is saying , so he can’t now put a claim in unless he has a strong reason to invalidate his signing off.

i also think it’s right it goes to the spouse and then kids after. And slightly distasteful they have their hands out.

Yes once you've said you don't want to claim then that's it until father dies and then his will will be subject to the same legal rights claim ( he might have been left money in his father's will)

The children would still have a legal rights claim on the estate even if he(fil/surviving spouse) does remarry. Obviously a care home may use up everything.

If no Will then prior rights of wife could defeat any legal rights claim

Not in Scotland.

Yes in Scotland

What makes you say that...interested? As I must have misunderstood something...you can't disinherit your children they are entitled to 1/3 of your moveable estate between all children. We have just come through a legal rights situation so thought I was fairly up on this

If there is no Will, but a surviving spouse,then the prior rights of the spouse come first and only if there is moveable estate left do Legal rights kick in

When my dad (Scotland)died without a will my siblings and I were entitled to a percentage share of his estate excluding the house and I think anything in joint accounts (but we all gave it back to my mum as we felt it was hers)

No idea what happened there but the spouse’s prior rights come first