if you have dc, do you HAVE to leave them something in your will?

[mumatron]

My nan wants to change her will so that her eldest son (my dad) doesn't get anything.

She has good reason for this btw.

Her solicitor has said that she has no choice but to leave him something.

Is that right?

No sure if it makes a difference but he is her adopted son.

The solicitor is talking rubbish. She doesn't have to leave him anything. He may attempt to contest the will as not making adequate financial provision for him, but unless he has been dependent on her in her recent life time or provided her with significant assistance he's unlikely to succeed.

The adopted bit is irrelevant btw

I think it's rubbish too. He would get something if she died intestate but, unless he is depedant on his mother, your dad is not "entitled" to anything.

My step father has certainly not left anything to his estranged son in his will.

I thought so.

Basically, she has always bailed him out financially. He asked her for money back at the end of last year which she did not have (£10,000)

She took out a loan and he was supposed to make the repayments. Once the money cleared he was not to be heard from again. He hasn't re-paid a penny.

Imo that should be classed as his inheritance.

In scotland children have a right to a third of the movable estate of a parent, it's called legitim (the bairns part) so maybe it depends on where she is?

Would it be different under scottish law?

Would it be different under scottish law?

It could well be different under Scottish law - they do have many different legal principles to English law.

Thanks gracie. Yes, she is in scotland.

Looks like solicitor is right then.

Thanks gracie. Yes, she is in scotland.

Looks like solicitor is right then.

she could always put a clause in saying about the loan that he never repaid and that is classed as his inheritance, or should be taken from his inheritance before he gets anything.

She could put a clause in passing the inheritance on to her ds's children as he has already had a sum from her while it could be disputed it would make him look fairly shitty in front of everyone involved . The solicitor would know how to do this

My grandmother has done similar for a similar reason and is in Scotland

I've just spoken to her an the solicitor has said about the loan being part of his inheritance alreasy.

Hopefully he won't get much more from her.

He's already broken her heart by not staying in touch with her. This just feels like a kick in the teeth to her :(

Worth noting that the inheritance right only applies to movables i.e. not land or houses. I do know someone who deliberately tied up all his money in land so as to disinherit his children...

That's very interesting gracie

I know her solicitor has told her he will be getting the bare minimum. Hopefully she knows her stuff.

Thanks for the info.