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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7498
Experience:  28 years as a practising solicitor.
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I am domiciled in scotland, leave a scottish will naming the

Resolved Question:

I am domiciled in scotland, leave a scottish will naming the sole beneficiary as one of my two sons. Under scots law I understand the son excluded from the will can claim legal rights to my moveable estate.
Do all my accounts, bonds, savings, etc. count as moveable estate ?, or only my money held in Scotland.
For example, I have money with Clydesdale bank, Scotland and money with Prudential, England, say £1000 with each provider. Does my excluded son have legal rights over £2000 or £1000 ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

It's the law of your domicile which determines the law, not where the moveable property is situated so your son can claim legal rights in all of your moveable property wherever situated. Moveable property is your entire estate excluding land and buildings so includes shares, bonds and savings.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

I have moved to my sons address in England, (changed account addresses and have a NHS medical card registered at his address) but still rent my council property in Scotland to keep my surplus furniture in till I pass away. Could I claim domicile in England ? and therefore have English inheritance laws apply ?


Regards


Derek

Expert:  JGM replied 1 year ago.
Yes, you would have to make a new will in England and declare an English domicile of choice.
Customer: replied 1 year ago.

I may not have time to make a English will, is it necessary to make one for English inheritance laws to apply or will my change of domicile be sufficient ?


Last question, can I draw up a letter and ask the son not named in the will to sign it, renouncing his claim to my will ?


Kind regards


Derek

Expert:  JGM replied 1 year ago.
No, you should make a new will, even if you write a letter and get it signed and witnessed.

A renunciation of legal rights can on,y be made by your son, after your death, not before.
Customer: replied 1 year ago.

Could you draft a letter that would be suitable so I can get my son to sign it after my death ?.........I would be willing to pay for this service


 


Regards


Derek

Expert:  JGM replied 1 year ago.
I, [​] residing at [​] considering that I have been advised that I have an entitlement to claim a [​] SHARE of the net moveable estate of my [​] the said [​] who formerly resided at [​] and who died on [​] and that I should take independent legal advise regarding the same DO HEREBY IRREVOCABLY RENOUNCE all my rights competent to me in the estate of the late [​]. IN WITNESS WHEREOF: these presents are subscribed by me

At ​(place)

on the​day of

before the following witness

(Witness)


(Full name and address)

Customer: replied 1 year ago.

Many thanks


 


I may be in touch for more advice


 


Regards


Derek

Expert:  JGM replied 1 year ago.
No problem. Don't forget to leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7498
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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