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My spouse is wanting to change their will so that I am disinherited from moveable property. I will however remain the beneficiary of our home due to a survivorship clause. We have no children and I am aware of the legal right in Scotland to challenge attempts to disinherit a spouse via legal action, amounting to a settlement of a percentage of the moveable assets.
My questions are:-
1) how successful are these challenges?
2) what are the typical time frames?
3) Am I entitled to 25% or 50% of moveable property?
4) Do I have to pick between the survivorship clause and my legal rights or can I have claim both?
Also, my spouse and I have a joint life insurance policy valued at 50% of the purchase price of our marital home. This is to pay off the deceased's share of the mortgage. In the event of death, will this policy pay directly to the survivor or will the amount become part of the deceased's estate and thus moveable property?
Many Thanks
My questions are:-
1) how successful are these challenges?
2) what are the typical time frames?
3) Am I entitled to 25% or 50% of moveable property?
4) Do I have to pick between the survivorship clause and my legal rights or can I have claim both?
Also, my spouse and I have a joint life insurance policy valued at 50% of the purchase price of our marital home. This is to pay off the deceased's share of the mortgage. In the event of death, will this policy pay directly to the survivor or will the amount become part of the deceased's estate and thus moveable property?
Many Thanks
