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im french and my husband is Scottish, we got married last…

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i'm french and my husband...
i'm french and my husband is Scottish, we got married last year in France. We live in Scotland and He has 2 children from a previous partner. In the event of his death, are the children entitled to get part of our assets or will they have to wait that I also die to e be able to receive death benefits
Submitted: 8 years ago.Category: Scots Law
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6/17/2009
Lawyer: INC, Solicitor replied 8 years ago
INC
INC, Solicitor
Category: Scots Law
Satisfied Customers: 11,865
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi,

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Lawyer: ScotsLawPro, Solicitor replied 8 years ago
ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1,290
Experience: LLB (Hons), Dip LP, NP
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HiCustomer/p>

 

Thank you for your question.

 

The previous answer that was given, and has now been removed, was based on English law and was incorrect for your circumstances.

 

Even if there is a will, and, for example, the will does not bequeath any property to your husband's children they are entitled to make what is known as a Legal Rights claim on his estate when he dies. This can be done even if he dies before you. This entitles the children to share between them, if you are still alive, one third of his moveable estate, that is all property except heritable property (houses). If you have died before him and a will gives the property away to someone other than the children they would have the same claim on half of the moveable estate.

 

If there is no will the terms of the Succession (Scotland) Act 1964 would be followed. If you are still alive you are entitled by law to receive out of the intestate (or partially intestate) estate the following prior rights.

  1. House - any dwelling house owned by the deceased spouse or civil partner in which the surviving spouse or civil partner was ordinarily resident, if that dwelling house does not exceed £300,000 in value, or, if it is worth more than £300,000, the sum of £300,000. (Satisfied entirely from the heritable estate.)
  2. Furniture - furniture up to a value of £24,000, and
  3. Cash Provision - the sum of £42,000 if there are surviving children or the sum of £75,000 if there are no surviving children. (Satisfied proportionately from the moveable and heritable estate remaining after prior rights a. and b. have been met.) Interest is payable on the cash provision from date of death to date of payment at a rate of 7%.

Any moveable property that was left would then go to meet the legal rights of the children as outlined earlier. If there was any estate left after the prior and legal rights were satisfied it would all go to his children.

 

If you had died before him all his estate would fall to be shared by his children.

 

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

 

SLP

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