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K, Solicitor
Category: Scots Law
Satisfied Customers: 774
Experience:  LLB (Law Degree) and BA(Hons) Business Degree and Diploma in Legal Practice. Partner in own law firm
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Hi, My name isXXXXX father recently passed away. He

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Hi, My name isXXXXX father recently passed away. He had made promises of inheritance to us (his children) . He lived in Scotland and had remarried in 1992. About 2 years ago he sold our would be inheritance and put the money into a property with his current wife. He had said to me that he wanted her to be provided for after he was gone; and upon her death, his share of the property would be given back to us (his children). In his will he has left everything to his current wife with no clause anywhere to specify his share of the property going back to us upon her death.
Is there anything we can do to see that our rightful inheritance doesn't just dissolve into nothing?

Hi there,

Sorry to hear about this. I'm afraid a child of the deceased, your only entitlement is to a one third share (then further split between any brothers and sisters that you have) of the moveable estate. Moveable Estate is deemed to be anything other than heritable property (bricks and mortar). If your Father has converted all moveable assets into heritable property then I'm afraid there is little that can be done about that although if there any any movable assets you would be entitled to a share of these.


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