Scots Law - will - inheritance

[WillAdvicePls]

I have a question about inheritance laws for a Scottish resident. I understand the laws are different there which is why it's important to mention.

I am estranged from my father who lives in Scotland. He cut me off following his marriage to a Scottish woman when he relocated.

I understand from other family members who are in touch with him that he isn't well. I am getting anxious about what will happen when he dies. My understanding is in Scotland parents cannot disinherit children. Is that right? Is that just if they are not married? I cannot face dealing with his wife and her being forced to split his estate with me. It won't be a lot but he has a property there. She has her own property but they both live in his property. I don't care about getting anything from his estate so can I just forfeit any claim? She is really an unpleasant woman and I'd really rather not have anything to do with her but I also worry she might use his death as a way to punish me further.

The situation is complicated by the fact I have a sibling he is in touch with but they are also very unwell and may predecease him. My father sees them and their children and I know would want them taken care of. I also have children but he doesn't see them. If the worst happens and sibling dies before him and he must pass things on to me I would want my sibling's share to go to their children. Do I have control over that? Or would the children's share all come to me and then I'd need to pass it on once it's "mine"?

Sorry a lot of questions but I'm really ruminating on a lot of ifs and maybes and I really feel so awful.

My understanding (hearsay from when a Scottish family member died) is that children can't be disinherited but they only get a share of any cash assets. The will can stipulate that property is left to a particular person or people and can exclude others, so you can be disinherited from property but not cash.

This website might help explain it better.
https://lanarkshirelawpractice.co.uk/can-you-disinherit-your-children-in-scotland/

That makes sense that it isn't for property. That takes a huge weight off. I don't imagine there will be any cash. THank you so much for answering.

This is true. Scottish estates are split into heritable assets (property, land) and moveable assets (everything else). As far as I recall - and I'm not a lawyer - the moveable assets are split into three - a third to the spouse, a third to be divided between all children, a third for the deceased to dispose of as they saw fit. If there is no spouse, children share half the moveable estate.

Its not just cash assets it’s all moveable property so any cars, collections, jewellery as well as financial assets. If your brother predeceases your father then his children would automatically be entitled to his share so 1/6 of moveable assets between them.

I was estranged from my father when he died (all Scottish residents). I'm presuming he had a will that left his estate to his 2nd family.

No one contacted me about any inheritance & I didn't pursue it so received nothing. My understanding was that I could have but I didn't want the drama/stress.

Thanks everyone. I'm sorry to hear about your situation @WildGeece I assume this is what will happen with me. I would need to actively pursue a share so if I don't want anything I can just stay quiet.

If he dies without a will his wife’s prior rights may well defeat your legal rights x

It's actually very simple to claim. You just state you want to exercise your legal rights. Half the movable assets are then divided between the number of children so if 2 children for example, each are entitled to a quarter of the movable assets. If the other sibling pre deceases the parent and they have 2 children (grandchildren of the deceased grandparent), I'm not sure if the split remains the same I.e. a quarter rather than one sixth. It's very simple though to make the claim - it's the law in Scotland so your father's partner cannot argue with the law!

Thank you for the information. I don't want to claim it though so if I can just stay out of it that will be fine with me and my siblings share can go to my DNs.

Not so. If you have any legal rights entitlement (legitim) and you do not claim or you decline it, then the share you would have received will not go to your late siblings' children.

The lawyer should write to you and tell you that you can claim. When my mil died everything went to her husband but her 3 sons were written to to claim their legal rights.
Due to complex reasons they all did despite 2 of them being estranged for 50 and 6 years!
Father has died now and the estranged members have been left much more than the 3rd son who visited every weekend and looked after everything. It's really hard.
Children are entitled to 1/3 of the moveable estate(divided between them)but this will depend on what spouse gets.
My children were left a life insurance policy between them when their dad died but I think this was less than 1/2 of 1/3 of the moveable estate so they both got letters from my lawyer saying they could forgo what they had been left and claim their legal rights. They didn't

You may not want to claim but you should have been written to about the estate. You have 20 years to claim if you ever change your mind

Thank you for answers. I understand the situation much better now and feel I know what to expect. It has eased my worries a lot.