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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10913
Experience:  30 years as a practising solicitor.
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my father passed 8 years ago leaving everything in his will

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my father passed 8 years ago leaving everything in his will to my mother. my mother has now sold the home and has given the proceeds to myself and my brother, my sister is trying to claim a share of the sale of the house is she entitled to anything under scots law?
Thank you for your question.No she isn't. The house was left to your mother and a legacy of a house is unchallengeable. The fact that your mother elects to sell the house and gift the proceeds to you and your brother is none of her business.The only claim that your sister has is for a one ninth share of any moveable property that your father left, ie, money, shares, investments, insurance policies, after the deduction of debts and funeral expenses of course. That share is her legal rights irrespective of the terms of the will. Children have a claim for a third between them and as there are three of you, her claim is for a third of a third which is a ninth. This should have been dealt with when your father's estate was wound up. I hope this helps. Please leave a positive response so that I am credited for my time.
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