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Legal Rights where there is a Will

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  • Legal Rights where there is a Will

    Apologies for being the newbie, Iíve ended up executor on a will which for the most part is straight forward, however I have a question if anyone more experienced can share their thoughts.

    In the will there are no legacies, and the surviving spouse is provided the residue.

    Estate valuation is circa £195k, comprising house £150k in joint name in which the surviving spouse lives, there is £32k cash in a joint named bank account, and a car valued circa £14k in the sole name of deceased. There are two surviving adult children.

    From what I understand the heritable assets go directly to surviving spouse, and also the cash since this is in a joint named account.

    My question relates to the car, does the car also transfer to the surviving spouse to keep or sell as desiredÖ.or does the car fall within the legal rights of either of the two adult children should they wish to claim ?

    Tags: None

  • #2
    Claiming legal rights suggests Scotland. Is this so?


    • #3
      Apologies Sederunt for the lateness in response, yes, jurisdiction is Scotland.
      From what I've managed to find out searching online, the two children have rights on 1/3 of car each regardless there being a valid will.
      I understand that the car falls within definition of movable assets and Scottish system applies such legal rights.
      As executor I would need to advise surviving spouse and children of these legal rights upon the car.


      • #4
        Your conclusion about the cash passing to the spouse because it is in a joint account is incorrect. In Scotland this is not the case and there is a presumption for equality, though this can be displaced by evidence of contribution.

        So the children are likely entitled to more than a third of a car.


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