Legal Rights claim in Scotland

[Kittycats84]

Hey. Looking for a wee bit of advice (first time posting here, please be kind)

Lost my dear mum last year after a very short battle with cancer. I'm an only child, but was always closer to my mum than my dad, we get along fine, but he's awkward and quite stand-offish. I wasn't aware of them having a great deal of money, but turns out I'm entitled to a legal rights claim, in excess of 60k! They have a huge amount of savings in the bank, and according to my dad, it was all coming to me when they passed.

My problem is, my dad has assumed I'm not taking it/claiming it, and is already talking about how he's going to re-invest it. I don't want to look like I'm money grabbing, but that money would quite literally change my life. Do you think I'm awful if I claim it? I truly feel so torn.

I briefly spoke with a friend who had been through something similar and her mum ended up in a care home, and all their parents savings ended up getting blown on that (to the tune of £5,000 a month) so she has major regrets not claiming hers, as in the end, there was nothing left.

Thank you if you made it this far 🩷

@Kittycats84 this explains all quite well.

Children are entitled to 1/3 of the moveable estate (cash, shares, cars, jewellery etc.)

Legal Rights cannot be claimed alongside any entitlement under the Will. The option is to forego the provision in the Will and claim legal rights or take your entitlement under the Will – you cannot have both. Claims can be made for 20 years following death.

https://www.mcewanfraserlegal.co.uk/legal/legal-rights-claim-for-children-when-a-parent-dies#:

As above. If you are named as a beneficiary in the will you cannot claim legal rights alongside. If you’re not named in the will then claim.

My dad insisted I claim mine when mum died. He was worried that, should he need care, that would be my only inheritance, and he did not need it to get by.

Sounds like your dad also has enough to live on, if he plans to invest it, so absolutely claim it.

Thank you. I just don't want to cause a fallout with my dad, but the money would be so beneficial to me just now. I feel cruel for taking it, money always brings out the worst in people and I guess I just don't want to look like a terrible person.

I think you should take it, OP.