Any Scottish solicitors?

[Wimpling]

Not a TAAT, but prompted by posts made on another thread about inheritance...

is it true that in Scotland parents can’t disinherit their children?

My DM (we don’t get on but have strained contact) announced a while back that I wasn’t mentioned in her will but my sibling was (‘you have plenty of money’, she said. I earn less than sibling although my DH earns more). So I’m not in her will - her estate will go to sibling and my DC.

I don’t really care what she does with her money since it’s hers, but some of the comments on the other thread saying that this can’t happen in Scotland made me wonder... Can anyone set me straight?

Absolutely true. When my estranged father died, myself and brother sued his estate for our share (25% each). Stepmother got 50%. Under Scots law you cannot disinherit your children. Before anyone says 'grabby', he was a highly abusive alcoholic who made our lives hell, and the money he had was inherited from our lovely Grandmother, who would have strung him up/given us every penny if she'd known the whole story.

Also, it wasn't a difficult process and solicitor deducted fees once we got our money.

Children have ‘legal’ rights but not ‘prior’ rights.

This means a right to a share of movable assets but not property.

Wow, I had no idea that there was a different between ‘legal’ rights and ‘prior’ rights. I love Mumsnet - every day’s a school day! My DM has no surviving siblings, and no spouse. What does that mean for her property?

I don’t know!

It’s complicated.

If she has to sell her property to pay for care it may all end up in one pot.

Legal rights only apply to moveable property ie cash ,shares etc not to heritage ie houses
If someone leaves a will excluding a child the child can claim their legal rights against the moveable property only
If the deceased has a surviving spouse the legal rights fund is 1/3 of the moveable estate
Child can claim share if that so if 3 children he gets 1/9 of moveable estate

If no surviving spouse Legal rights fund is one half of moveable estate so OP would have a claim to 1/4 of moveable estate

is it true that in Scotland parents can’t disinherit their children?

Only up to a point. Children who are left out of a will can claim legal rights but only from movable estate. If the estate is all land or houses they can be disinherited and have no claim on them.

There are other differences, if you die without a will then in England the search for inheritors need only extend to first cousins; in Scotland it extends to second cousins.

Yes, legal rights. I had to go through it when my mum died. A horrible brother came out the woodwork and I got a letter from his solicitor claiming his legal rights and demanding to know who my solicitor was on the morning of her funeral.