Inheritance law

[mibbelucieachwell]

Can anyone advise? A recently deceased parent is survived by a spouse. They had no further children. Spouse did not have children prior to the marriage either. Spouse has been left the residential home they jointly owned and another property that they rent out. The children have been bequeathed the rental property on the death of the spouse. (Nothing else.) The spouse was born in the same decade as the surviving children so statistically likely to die within a few years of the children and not unlikely to outlive one or all of them. If any of the children die before the spouse would their children (deceased person's grandchildren) automatically inherit their share of the rental property after the death of the spouse?

Could the spouse leave a will that overrides the deceased child's inheritance?

Has the spouse actually inherited the rented property or do they just have a liferent in it? The wording that the children get it once the spouse dies suggests it might be a liferent, in which case the spouse will not have the right to dispose of the rented property in their will.

In terms of a will that gives certain inheritance to child A or split equally between the children, the children of child A succeed if A is no longer around.

Thank you very much @Precipice. That's very useful to know. In this instance because of the age difference between the deceased and spouse and closeness in age of the spouse and surviving children if the children's children don't automatically inherit if their parent dies before the spouse the child of the deceased would for all practical purposes effectively be disinherited.

However it now turns out that the property left partly to the children is not the rental property but the home jointly owned by the deceased and spouse. Where it was jointly owned can the spouse bequeath it in its entirety to their family (effectively disinheriting the children/grandchildren)?

@mibbelucieachwell

Thank you very much *@Precipice*. That's very useful to know. In this instance because of the age difference between the deceased and spouse and closeness in age of the spouse and surviving children if the children's children don't automatically inherit if their parent dies before the spouse the child of the deceased would for all practical purposes effectively be disinherited.

However it now turns out that the property left partly to the children is not the rental property but the home jointly owned by the deceased and spouse. Where it was jointly owned can the spouse bequeath it in its entirety to their family (effectively disinheriting the children/grandchildren)?

Yes I think the remaining spouse can do what they like with their property. Maybe ask a solicitor though.

It all depends on the wording of the will. You need to contact a solicitor and dont leave it too long.

Well, it now turns out to be a misunderstanding! One of the children was shown part of the Will naming the children in relation to the property. But it turns out only in the standard calamity clause. There's now a bit of a mystery as to why there was an expectation of property inheritance previously, but from a legal pov I guess it's irrelevant.

See a solicitor (definitely) but in Scotland the concept of “bairns rights” may have some bearing.

Here’s something about it www.redstonewills.com/news/item/what-are-my-legal-rights-in-scotland

Do the children wish to claim their legal rights ?

You’ve not said anything about the deceased movable estate .

I assume the children weren't mentioned in the Will as the lawyer who the Will was lodged with told one of the children that they weren't entitled to see the Will. Would that be correct?

Is this in short, you are same age as your step children and want to make sure the money doesn't go to their children?
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Could the spouse leave a will that overrides the deceased child's inheritance?*

No. The spouse is the same age as the children. The children don't seem to have been mentioned in the Will.

@mibbelucieachwell

I assume the children weren't mentioned in the Will as the lawyer who the Will was lodged with told one of the children that they weren't entitled to see the Will. Would that be correct?

No, legally only executors can view a will before probate is granted. Once probate is granted the will becomes a public document and anyone can request a copy.

Bear in mind, that children are entitled to 1/3 share ( between all children) of any liquid assets ( bank accounts) in the sole name of the deceased.
I don’t know the exact wording or what all it includes, only that it happened when one parent of mine died, and I was asked by solicitor if I wished to waive that right and give all to surviving parent.
There may not be any such assets in this case, of course.

Movable estate is not just cash in the bank. It’s any money , cars furniture, clothing, jewellery, farm livestock, stocks and shares , life insurance policies, pensions .

It’s very unlikely that someone who owned two properties had no movable estate at all ( or only enough to pay off debts and funeral costs etc ).

You can just contact the solicitor and tell them that you wish to claim your legal rights. They will need to contact you anyway and ask you if you wish to do so. Even if you say no you will have to sign a document which says that you are waiving your rights.

Thank you. That's useful to know. Apparently the lawyer told one of the siblings that they would be getting a small cash sum.

In the event of children claiming their right to a share of moveable assets there must be the potential for things to get very messy.

All you have to do to claim it is say “ no thank you “ when you are asked to waive your rights. It’s that simple.