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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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I wanted to ask about the ruling on wills in scotland with

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I wanted to ask about the ruling on wills in scotland with regard to siblings. i have a sister who never contacts our father. I do all the caring and have poa. my father has left his flat to me and half of everything else to be shared with my sister. my father and i have a joint bank account so does that mean she is entitled to half of its contents? We have this account so that I can do the admin on it and pay bills where required. one of the accounts within it is in my name only.
Thank you for your question.

A sibling is entitled to whatever legacy is left to them in the will. Alternatively she can elect not to claim under the will but to claim legal rights. In your sister's case, assuming just the two of you she could claim a quarter of the value of moveable property. Moveable property is everything except the house.

So if I have understood you correctly you and your sister are to share your father's moveable estate between you and you are to get the house. It would not be advantageous for your sister to claim legal rights in these circumstances. Further the bequest to you of the house is unchallengeable as legal rights don't include heritage.

As far as the bank accounts are concerned, any in your name will not form part of the estate. Any funds in joint names will be deemed to be owned equally but if one or other party made a larger contribution to the account then the amount which forms part of the estate should be adjusted accordingly. For example if the funds are entirely the property of your father and the fact that the account is in joint names is just for convenience of access then the whole funds would form part of his estate.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Please let me know if I can assist you further. Other I would be grateful if you would leave positive feedback so that I am credited for my time.
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