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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10098
Experience:  30 years as a practising solicitor.
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I am a widower and one of my two sons is the sole beneficiary

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I am a widower and one of my two sons is the sole beneficiary in my Scottish will, I understand the son not named in the will has a legal right to a claim ?

I also understand that the claim he can make would be 1/4 (25%) of my moveable estate ? (2 sons inherit 1/2 (50%) of my moveable estate as a legal right i.e. one son gets 25%)

would it be more beneficial for the son named in the will to discharge his legal rights and retain his rights under the will ?, therefore, would he then receive the remainder of the will which would amount to 75% of the moveable estate ?
Thank you for your question.The son excluded from the will can claim 25% of moveable estate. The son named in the will will get the rest of your estate by virtue of the will. There is no benefit to him claiming legal rights if he is the sole and therefore residuary beneficiary. If he claims his legal rights he loses the right to claim the bequest in the will. I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

I wrote to you earlier today regarding this matter, can I use the wording you sent me to create a note of discharge for my son named in the will so he can claim all the residue in the will (i.e. 75%) : see below


 


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)


 


Regards


Derek

No, this isn't necessary. Your son has his legacy under the will. If the other son claims his legal rights the son named on the will gets 75%.

The document I sent you earlier is a renunciation of legal rights which would be signed by your other son if he wants to renounce his 25% so that your will can be implemented in full. It is not necessary for a beneficiary under a will to renounce legal rights.
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