Scottish Law Help Please

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alinic | 17:42 Thu 29th Sep 2016 | Law
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My hubby is POA for his mum last year her house was put his name. can another sister or brother make a claim on said house after she passes?
Many thanks. in advance


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there is simply not enough information to advise you. Have you thought about cnsulting a solicitor?
Question Author
What more kind of info needed please? thankyou
Despite having Power of Attorney, others may still have a claim. I have a feeling it hinges on how many years there are between the house being put in his name and her passing. Would suggest consulting a solicitor.
not a legal beagle let alone a scottish legal beagle but the house put in his name thing is a little worrying.....if it was put solely in his name without any kind of caveat, essentially she gave him the that appears a bit iffy...for the holder of a POA to receive such a valuable gift from the donor of the POA...
If she gave the house to her son, do we know why? I believe that is scots law, children have certain inheritance entitlements and if she gave away the house to avoid this, then maybe they have a claim. I will be interested to see the comments of the AB experts.
Could be seen as coercion. Has she dementia of ANY sort?

well read the para below
the good news is that there is no recourse to courts in scotland for provision under a will.
the bad news is the disinherited may claim that the transfer is not valid

more money for the lawyers I think

In Scotland, there is no recourse to the courts to award a discretionary payment to a spouse, civil partner or child (cohabiting partners do have certain rights to do so where the deceased died without a Will). Arguably therefore Scots Law allows for greater certainty. It is worth noting that the Scottish Government is currently reviewing succession law in Scotland and it is possible that the scope of legal rights could be extended to include heritable property (land and buildings) as well as moveable.

Morton Fraser are experts in all aspects of Scottish succession and estate planning, and can help you. If you have any questions in relation to the above, please get in touch.

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Scottish Law Help Please

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