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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11016
Experience:  30 years as a practising solicitor.
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I am the executer of my fathers will and one of three children,

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I am the executer of my fathers will and one of three children, my father left the moveable assets to my siblings. I have been informed that i can claim legel right on the assets, if i do so i understand that this is classed as a debt and as a debt is paid out straight away, my siblings then have to sign off on there share of whats left. My question is can my siblings contest my legal rights.

JGM : Thanks for your question. What have you been left in the will?
JGM : If you claim your legal rights you cannot also accept any bequest to you in the will. You have to work out which is the most advantageous to you. Your legal rights would amount to one ninth of moveable estate. Legal rights are not treated as a debt and are not paid out immediately necessarily. When the payment is made depends on when the actual debts are ascertained and the executors are in sufficient funds.
In answer to your question, legal rights are an absolute right and can't be challenged. However proceed with caution if you have been left another legacy because you will lose that if you claim legal rights.
Hi thanks for requesting my input.

I have to agree with everything that JGM says and can add nothing, his answers are correct in every way.
Customer: replied 3 years ago.
Thank you, XXXXX XXXXX house was signed over to me around 6 years before his passing. Would this have a bearing on my legal rights
No, as the house became yours at that time and has nothing to do with the estate or your entitlement to legal rights.

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11016
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you