Can civil partner benefit from will of mother in law

[Sparklyb]

Good afternoon. My widowed mother in law recently passed away. My husband is one of her two children. His brother passed away 12 years ago and was in a civil partnership at the time. His brother had 2 children from a previous relationship.

My mother in laws will stipulated that her estate was to be split equally between her two sons. As one of them is now also deceased we assumed that the estate would be split 50% to my husband and the remaining 50% to be split equally between his two nephews. Is this the case or would the inheritance donto me late brother in law actually pass to his civil partner? This is in Scotland.

[des8]

Scottish rights of succession are not something we usually deal with, but the Succession (Scotland) Act 2016 sec 6 clearly states that a "deceased legatee’s issue is entitled to receive [ ] the share which the deceased legatee would have received if alive".

So it appears your assumption is correct