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my parents have excluded me from their will

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bossspike22 | 21:25 Tue 18th Mar 2008 | Law
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can i make a claim when the first parent dies, Scottish law
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Under Scottish law, when one of your parents dies, their children collectively have 'legal rights' in respect of one third of that parent's 'moveable estate'. So you and your siblings (if any) can receive equal shares of anything owned by that parent excluding land and buildings. (Land and buildings form 'heritable estate' and your parents' children have no 'legal rights' in respect of such estate). If you've got a sibling who is included in the will, they must choose between what the will gives them or their share of the 'legal rights'; they can't have both.

When the second parent dies, the same principles apply except that your collective 'legal rights' are in respect of one half, rather than one third, of your parent's moveable estate. (Again, you have no claim to heritable estate).

Chris

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