Inheritance when father remarries

[lawmills71]

My father married a Scottish woman and had children with her.

When he passes, am I entitled to anything?

Some the assets are in his wife's names.

Thanks in advance.

[sederunt]

Who can say - if he is still alive there are future uncertainties.


You might die before him

His domicile may change

He might spend any savings before he dies

He might leave a will or might not

Care costs could consume the estate

He might die insolvent

[lawmills71]

I'm not asking folk to predict the future.

Let's assume he has passed away.

He has assets in his name.

[wales01man]

Has he passed away? Answers on here will depend on this

[lawmills71]

Yes, he has passed away.

[wales01man]

Help will be along no doubt

[lawmills71]

I guess I overestimated the intellectual abilities of people in this forum.

[atticus]

Sincere condolences at this difficult time, I am sure that in time you will find pleasure in many happy memories.

Have you seen your late father's will? What is the position? Were you in any way dependent on your late father or maintained by him?

[sederunt]

If father was domiciled in Scotland, then children have legal rights (legitim) which will entitle them to a share of his net moveable estate, regardless of what a will (if any) may say. But it does depend on the size of the estate.

Legitim does not apply to heritable property.

[lawmills71]

HI, thanks for your answers.

I haven't seen the will yet.

Father was domiciled in Scotland along with his second wife and kids from that marriage.

I am domiciled abroad and not a UK citizen.

Kids are all over 25 years old.

I haven't heard from his second wife yet about a will.

I think It's best if I connect and get some advice from a lawyer there - should I wait to see the will?

[lawmills71]

I found this resource - https://www.thegazette.co.uk/content...tland-2020.jpg


As I am a half sibling and there are 'full' siblings then I'm not entitled to anything, which is OK. Unless there's anything specified in the will.

[sederunt]

I found this resource - https://www.thegazette.co.uk/content...tland-2020.jpg


As I am a half sibling and there are 'full' siblings then I'm not entitled to anything, which is OK. Unless there's anything specified in the will.

This is incorrect. If your father has died you have the same legitim entitlement as the children by his remarriage. You will see however from the chart that if intestate, prior rights entitlement of the spouse can sometimes use up the availble net moveable estate.

Executors don't always deal with legitim entitlement correctly. If a solicitor is dealing with the estate, then it will likely be dealt with correctly, providing that the solicitor has been given accurate family information.