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ScotsLawPro, Solicitor
Category: Scots Law
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Experience:  LLB (Hons), Dip LP, NP
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Scottish Inheritance Law. Re Inheritance Legal Rights Claim. My

Resolved Question:

Scottish Inheritance Law.
Re: Inheritance Legal Rights Claim.

My Father died one year ago and I was informed by the solicitor acting as the administrator of the estate of my Legal Rights. I replied that I intend to claim my Legal Rights entitlement and am waiting for the settlement.

My question is: Is there a time limit by when the estate should be settled, and by which I should receive my legal rights entitlement.

Thank you for your help.

Submitted: 8 years ago.
Category: Scots Law
Expert:  ScotsLawPro replied 8 years ago.

Hello Gavin Wood


Thank you for your question.


There is no period in which an estate must be settled, but it must be reasonable The only time limit that must be complied with is that the estate cannot be settled any earlier than 6 months after death.


There could be a number of reasons that the estate is not yet settled. There could be a lot of property to ingather, there could be a house to sell. Whilst heritable property does not form part of a legal rights claim, the whole estate should be ingathered before legal rights are paid out.


I have to add that in my view 12 months is getting pretty near the limit of what is reasonable, unless there is a very good reason for the delay.


For an explanation as to why this is taking so long to settle the only person who can provide a definitive answer is the solicitor administering the estate. You are entitled to this information.


Hope this helps. Please click ACCEPT for my time to be credited.



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